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Full text of "The history and antiquities of the county palatine of Durham"

-V 














II 






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ILKLEY 
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1885. 



INTRODUCTION. 



DURHAM is a maritime county, and takes its name from 
the city of Durham ; commonly called the bishoprick, and 
sometimes the county palatine. 

The description given by Camden is to the following effect :* 
"It lies north of Yorkshire, and is shaped like a triangle, f the 
" apex or top whereof lies to the west, being formed there by 
" the meeting of the north boundary and the head of the river 
" Tees : The southern side is wholly bounded by the course of 
" the Tees : The nothern side, from about the point of the angle, 
" forms a line to the river Derwent, and then is bounded by 
" that river" (till it receives the rivulet called Chopwell or Milk- 
burn,) " and so full north to the river Tyne: The basis of this 
" triangle, to the east, is formed by the shore of the German 
" ocean." 

Modern geographers have laid down the abuttals so variously, 
that in regard to the north-west point, we can in general only 
say the river Tees totally separates the county of Durham from 
Westmoreland and Yorkshire, and a very narrow point of Cum- 
berland intervenes between that river and the confines of Nor- 
thumberland, a space in which the proprietors are not well 
ascertained of their real boundaries. On^the other sides, Cam- 
den's description is accurate. 

The parts of this county, extended into the upper point or 
apex of the triangle, Camden describes^ " to consist of naked 
" lands, the woods few, the hills bald, but not destitute of veins 
" of iron ore, whilst the vallies produce plenty of grass, the 
" English Appenines intersecting the country at this angle." 
At the distance of two hundred years, we cannot wonder at this 
picture of our county or the ignorance of naturalists in regard 
to its produce and riches : The contrast we shall draw, it is 

a 

* Camden's Brit. (Gibson's edition, 1772) vol. ii. p. 127. 

f Geographers deale with countries as astronomers with their asterismes, and fancy 
them into shapes ; as Italy into a man's legge, Spayne into an Oxhyde, and the 
forme of this bishopric into a A, or an equilateral triangle. It lyeth in the bosome 
of the Germaine Neptune, and embraced betweene the armes of the two christall rivers 
Teete and Derwent.-~ Legend of St Cuthbert. 

t Camd. Brit. ibid. 



H INTRODUCTION. 

hoped, will prove interesting. Our author then proceeds to 
describe the eastern side or basis of the triangle, where he obser- 
ves, " as well as to the south, the soil by tillage is rendered 
" fertile, and the country enamelled with meadows, cornfields, 
" and pastures, and graced with many towns, the bowels of the 
" earth abounding in coal." Such is the imperfect account 
given by this great writer. 

The Magna Britannia describes this county to be thirty-five 
miles in length, thirty in breadth, and about one hundred and 
seven in circumference : Another account says, it is thirty-nine 
miles long, and thirty-five broad ; containing nine hundred 
and fifty-eight square miles, and six hundred and ten thousand 
acres of land; and comprehending one city, eleven other market 
towns, fifty-two parishes, and twenty-one chapels ; two hundred 
and twenty-three villages, nineteen thousand nine hundred and 
eighty- five houses, and ninety-seven thousand inhabitants;* six- 
teen rivers, twenty-one parks, and several castles.f These are 

* In 1801 the number of houses in the county as returned by virtue of the popu- 
lation act, was as under viz. 

Inhabited Houses - 27,198 

Uninhabited - 1,175 

Total 28,371 

'The number of inhabitants of the county of Durham, as returned in 1801, into 
the clerk of the peace's office, pursuant to the population act of that year, (which 
returns he caused to be printed,) amounted to 161,922. But in the book printed by 
Government for the Kingdom, the number was stated to be 160,561, both are ex- 
clusive of the Seamen at Sunderland, 1,249, and Keelmen t the, same 322. So that 
according to his return the number of souls of the county of Durham will be as 
under, viz. 

Parish returns ' - 161,922 

Seaman in registered ships - 1,249 

Keelmen - 322 

__ 

Total, 4jxolusire of Army and Navy. 1 63,493 

And though he was complimented by Government for the regularity of his return, 
and this county was ranked among the only 14 counties reckoned complete, some 
townships however were deficient. 

According to the census taken in 1821, the Total Number of Persons in the County 
of Durham being 207,673, and the Number of Persons whose Ages were returned 
being 158,199, it thence appears, that the Ages of one-fourth part of the Persons 
therein enumerated have not been obtained in compliance with that effect. 

f Market Towns in Dtirhamshire, 

Duneholm Akeland Wickinghamthe Quickke Market of Darlington, standing 
betwixt Teese and Were Stoketon upon Tese Wulsingham upon Were, almost in 
the middle way betwixt Stanhope and Akeland Hcrtilpole.^ 

Castettes in Durfiamshire. 

Duneholm Akeland Prudo upon Tyne Stoketon upon Tese Barnard Cas- 
tle Lomeley Castel, not far from Chestre. 



u was erroneous, evewl other markets being established before his time. 

Prudhoe Castle is in Korthumberland, &c. 



INTRODUCTION. Hi 

the only modern accounts of the county worth attention, except 
the geographical table given in the notes.* 

The county is divided into four wards, called Easington ward, 
Stockton ward, Darlington ward and Chester ward. We know 
no reason why the several districts toetk those denominations, or 
derived their names from places of inferior consequence and 
distinction. 

The air of the county is generally healthy, though cold on 
the hills ; and according to some authors, that of the western 
parts sharper than that of the east. It is well watered by rivers 
and brooks, the chief of which are the Tees and Were,f both 
abounding with fish, and particularly with trout and salmon. 

Abbais and Priories in Durhamshire. 

Dunelholrae upon Were River Finkelo upon Were, a celle of xiij monkes be- 
longing to Durham Weremouth Garaw. There was a priori not farre from 

Darington, as I remember, aboute Teis River. || 

The Limites of Durhamshire. 

Tese River Tine Jliver, on til he receive Derwent Water. -Leland's Itin. 

vol viii. 

* It hath four wards instead of hundreds ; one city (Durham) ; and eight market 
towns, viz. Auckland, Stockton, Sunderland, Darlington, Hartlepool, Stainthorp 
Barnardcastle, and Wolsingham ; eighty parishes or ecclesiastical livings, of which 
thirty are rectories, twenty-one vicarages, and twenty-eight chapels. Mag. Brit. 

Geographical Table. Durham. Acres 610, 000 Circumference 107 miles 

1 borough 9 market towns 118 parishes 15,984 houses 79, 920 inhabitants 
4 members to parliament 2 proportions paid to the land-tax 4 wards Tyne, 
Wear, and Teese, chief rivers Coal, iron, and lead, principal produce Northern 
circuit 264 miles N. W. Durham from London. 

f Hollinshed's description of these two rivers, and the several streams that join 
them, is so accurate, that we cannot omit the same. 

The THESE, a river that beareth and feedeih an excellent salmon, riseth in the 
Black Lowes, above two miles flat west of the southerlie head of Were called Rurdop, 
and south, of the head of West Alen, and thence runneth through Tildale forest, and 
taking in the Langdon -water from northwest, it runneth to Dirtpit chappel, to New- 
biggin, and so to Middleton, receiving by west of each of these a rill comming from 
by north (of which the last is called Hude)and likewise the Lune afterward by south- 
west, that riseth at three several places, whereof the first is in the borders of West- 
merland and there called Arnegill-becke, the second more southerlie named Lune- 
becke, and the third by south at Bandor Skarth-hil), and meeting all above Arnegill- 
house, they run |,togitber in one bottome to Lathekirke-bridge, and then into the 
These. Having therefore met with these, it runneth to Mickleton, and there taking 
in the Skirkwith-water, it goeth to Romaldkirke, crossing there also one rill aud the 
Bander-brooke by southwest, and then going to Morewood-hag and Morewood-parke, 
till it come to Bernard's castell. Here also it receiveth the Thursgill-water coming 
east of Rere-crosse in Yorkshire from the Spittle in Stanmore by Crag almost south, 
west, and being united with the These, it goeth by Stratford, Eglesdon, Rokesbie 
Thorpe, Wickliffe, Ovington, Winston, and betwene Barfurth and Gainfurth meeteth 
with another rill, that commeth from Langelie forest, betwene Rabie castell and 
Standorpe, of whose name I have no knowledge. But to proceed, the These being 
past Ramfurth, runneth betwene Persore and Cliffe, and in the waie to CrofttbriJge 

II Ncasham priory or abbey. 



if INTRODUCTION. 

The diocese contains the whole county, and all Northumber- 
land, except eight churches and chapels, being Hexham peculiar, 
which belongs to York : It has also one parish, viz. Alston- 
Moor in Cumberland, and claims Craike in the county of York 
to be under its jurisdiction. 

It is divided into two fchdeaconries, viz DURHAM, which 
has the deanries of Chester, Darlington, Easington, and Stockton; 
and NORTHUMBERLAND, which compriseth Alnwick, Barn- 
borough, Corbridge, Morpeth, and Newcastle deanries.* 

taketh in the Skerne, a pretie water, which riseth above Trimdon, and goeth by 
Fishburne, Bradburie, Preston, Braforton, Skirmingham, the Burdens, Haughton 
and Darlington, and there finallie meeting with the Cocke-becke or Dare, it falleth in 
the These beneath Stapleton before it come at Croftsbridge, and (as it should seeme) 
is the same which Leland calleth Gretteie or Grettie. From thence it runneth to 
Sockbure, nether Dunsleie, Middleton-row, Newsham, Yarne (crossing a brooke from, 
Levenbridge) called Levin, or Leuinus in Latin, whose crinkling course is notable, 
and the streame of some called Thorpe. After this the These hasteth on to Barwic, 
Preston, Thome abbeie, and Arsham, which standeth on the southeast side of the 
river almost betwene t the falles of two waters, whereof one descendeth from West 
Hartburne, by Long Newton, Elton, and Stockton ; the other from Stillingtou or 
Shillingtou, by Whitton, Thorpe, Blackeston, Billingham, and Norton. From Arsham 
finallie it goelh to Bellasis, Middleburg, and so into the sea. 

Ptolomie writing of the WERE, calleth it VEDRA. It riseth of three heads in 
Kelloppeslaw-hill, whereof the most southerlie is called Hurdop, the middlemost 
Wallop, and the northerliest Kdlop, which uniting themselves about St Johns chappell, 
or a little by west thereof, their confluence runneth through Stanhope- parke, by east 
Yate, and so to Frosterlie. But yer it come there, it receiveth three rilles from the 
north in Weredale, whereof one cometh in by Stanhope, another west of Woodcroft- 
hall, and the third at Frosterlie aforementioned ; and a little beneath these, a fourth 
on the southside, which descendeth from southwest by Bolliop, Bishop-sleie, Mill- 
houses, and Landew. Being therefore united all with the Were, this stream goeth 
on to Wolsingham, there taking in the Wascropburne, beside another at Bradelie, 
the third at Harpleie hall (and these on the northside) and the fourth, betweene 
V/itton and Witton castell, called Sedburne, comming by Hamsterleie, whereby this 
river doth now wax verie great. Going therefore from hence, it hasteth to Bishop's 
Akeland and beneath it receiveth the Garondlesse, which riseth six miles by west of 
Akeland castell, and running south thereof, passeth by West- Akeland, St Helen's 
Akeland, St Andrews Akeland, and bishops Akeland, and then into the Were, which 
goeth to Newfield and Willington. Neere unto this place also, and somewhat beneath 
Sunderland, the Were crosseth one brooke from southwest by Het, Cockseie, Corne- 
furth, Tursdale, and Croxdale, and two other from by northwest in one botome, 
whereof the firstcommeth from above Ash, by Langleie. Theother called Coue.from above 
Kinchleieby Newbiggin, Lanchester, North Langley, and through Beareparke, and so 
meeting beneath Kelleie or Hedleid with the other, they fall both asone into the Were, be- 
twene South Sunderland and Burnall. From hence our river goeth on to Howghwell, 
Shirkeleie, Old Duresme, and there taking in the Pidding-brooke by northeast, it 
goeth to Duresme, Finkeleie, Harbarhouse, Lumleie castell, (where it meeteth with 
the Pitis, whose heads are united betwene Pelton and Whitwell, and after called 
Hedleie) and from thence to Lampton, Harraton, the Beddikes, Ufferton, Hilton- 
parke, Bishops Weremouth, and so into the sea betwene North Sunderland and North 
Weremouth towne, which now is called Monke Weremouth. 

Willit't Cath. vol. i. p. 221. 



THE 

HISTORY AND ANTIQUITIES 

OF THE 

COUNTY PALATINE 
OF 

D U B H A M. 



THE city of Durham claims our first attention. It is in 
Easington ward, and lies near the centre of the county, in 
latitude 54 5', and 1 27' west longitude from London. From 
whatever quarter the traveller approaches this place, he is struck 
with its elegant situation, and the grandeur of some of its public 
buildings. A few paces from the south road, this English Zion 
makes a noble appearance. In the centre, the castle and cathe- 
dral crown a very lofty eminence, girt by the two streets called the 
Baileys, enclosed with the remains of the ancient city walls, and 
skirted with hanging gardens and plantations which descend to 
the river Were, in this point of view exhibiting the figure of a 
horse-shoe*. To form the right wing of this picturesque pros- 
pect, the banks on the opposite side of the river are high, rocky, 
steep, and scattered over with trees; along the brink of which 
the street of New- El vet is extended, and terminated by the 
handsome church of St Oswald : At the bottom runs Old-Elvet. 
Across the bridge are the streets of Claypath and St. Giles, 
which climb the more distant eminence, the church terminating 
the line of buildings. The slopes of the hills are beautified with 
hanging gardens and rich meadows. Newton- Hall, one of the 
seats of Sir Henry Liddell,-f- bart. with its adjacent plantations, 
fills the nearer back-ground ; behind which a fine cultivated 
country is discovered, lengthening the prospect to the distance 
of ten miles, on which Penshar-Hill, with its peaked brow, is a 
beautiful object. To form the left wing, the banks opposite to 

VOL. II. A 

* This reverend aged abbey is seated in the heart of the citty, advanced upon the 
shoulders of an high hill, and encompassed againe with the higher hills, that 
he that hath scene the situation of this citty, hath scene the map of Sion, and may 
save a journey to the Jerusalem. Shee is girded almost rovvnd with the renowned 
river of Weer, in which, as in a glasse of crystall, shee might once have beheld the 
b auty, but nowe the ruine of her walls. Legend of St Cuthbert. 

f Now the property of M. Ilussell, Esq. of Brancepeth Castle. 



THE CITY OF DURHAM. 



the castle and cathedral are cloathed with wood and fruit trees ; 
and South-street stretches along the. summit. The long canal 
which the river exhibits to the eye in this part, is crossed by 
Fmmwellgate bridge, of two eliptic arches. Crook-Hall, a seat 
of one of the family of Hopper, is seen on the river's banks, with 
the woodlands of Newton- Hall on the more distant ground ; to 
the left of which the sweet villa of Francis Johnson, esq ; at 
Ay kley- Heads, is seen, surrounded with irregular mounts* and 
rising plantations. 

Approaching the city from the north, it has the most roman- 
tic and uncommon appearance : It seems to be scattered over a 
multitude of irregular hills, (for the ground by which it is ap- 
proached is thrown up into round mounts), and we discover 
various parts of the town, the castle, and churches, through se- 
veral vallies in one point of view, so that they appear like so 
many distinct places. The west front of the castle is seen on the 
summit of a ragged and steep rock, with some parts of the ca- 
thedral ; and the street of St Giles, as if totally unconnected with 
the rest of the town, is spread over the brow of a distant emi- 
nence. The hollow passes amongst the hills on the north-west 
of the city, afford beautiful and picturesque prospects. At Cas- 
tle-Chair, where the view is much confined, the castle and cathe- 
dral have a noble appearance ; the octagon tower of the former, 
with the mound on which it is placed, have a grand effect. On 
the eminence opposite to Shaw- Wood, the view just mentioned 
is enlarged ; yet, the distant branches of the town bting inter- 
cepted by rising grounds, leave the principal objects in the most 
distinct and picturesque arrangement. Approaching from the 
east down the street of St Giles, we command the second noblest 
view of the city : In front, the river Were forms a fine canal 
through a rich vale, crossed by Elvet bridge, of seven wet arches, 
and many other land arches ; the town crowds the swift risings 
of the hill, pile upon pile; the castle and cathedral church 
crowning the summit of the eminence. To the left are seen the 
banks of Elvet and the church, flanked by a distant forest of 
oaks, and the groves which hang on the margin of the river : On 
the right is a view of Newton-Hall, and the adjacent grounds. 
To this general description, more minute particulars will be 
added as we pass through the city. 

A short view of historical facts relative to this place, as each 
circumstance arose in the respective aeras of our prelates, is given 



* Here, it is allcdged, was a druidical grove : The barrow is now very conspicu- 
ous, and resembling those given by Stukeley at Aubry and Stonehenge. 



THE CITY OF DURHAM. 



in due order 6 in the'preceding volume of this work. It is to be 
observed, that the first mention as to time, made by old writers 
of the name of Durham (or Duresme according to the language 
of those days) is by Hollinshed, in the reign of Athelstan, when, 
speaking of Sithric's sons, Anlaf and Godred, he says " Godred 
" with a power of menjmtering into Northumberland, besieged 
" the city of Duresme, soliciting the citizens to receive him, 
<k which they would gladly have done, if they had not perceived 
" how he was not of power able to resist the puissance, of king 
" Athelstan*." It is evident, from circumstances, that this author 
adopted a wrong name for the capital of Deira; for the most ap- 
proved historians concur in relating, that Godred arrived at 
York, where some of his partisans held the castle, but on Athel- 
stan's approaching, Malmsbury says, it was surrendered and de- 
molished even to the ground, and Godred, in despair, took to 
piratical courses and a roving life at sea.f 

We have not the least evidence of any town where Durham 
now stands, before the monks rested with the remains of St 
Cuthbert, after the Danish invasion. It was also remarked in 
the course of this work, that there is a place adjacent to the pre- 
sent city called Old Durham; but we have neither traces in 
history nor records to shew that any town existed there previous 
to St. Cuthbert's arrival. The legendary tale, alone supported 
by the effigies on the north-west tower of the transept of the 
cathedral church, (which will be described when that edifice is 
treated of) relates, that after the revelation or vision at Wedelau, 
according to Symeon's text, but Werdele by others, and descri- 
bed to lie east of Durham, the monks were much at a loss to 
find the place pointed out by the oracle, where they should rest 
from their labour : The name of Dunholme, then said to be given 
them, was not known to any. If they then lay at Warden Law, 
(which from much similarity of name some have conceived was 
the place of the vision) it was within eight miles; if on the banks 
of the Were, (where we shall by some observations attempt to 
ground a supposition that the monks halted) it was to the east of 
the city, at a very little distance; for that river from its source 
flows almost due east to Bishop-Auckland, and from thence 
almost due north to Old Durham. It would have been strange 
if DeiraJiam, Duresme, or Dunholme, a place named from the 
kingdom of Deira in which it was situated, or some such memo- 

A 2 

*Hollinshed's Hist. p. 225. 

f Rapin, vol. i. p. 100. Malms, p. 50. Sax. An. H ed. Hunting, 
Smollct, 4to edit. p. ] 00. 



THE CITY OF DURHAM. 



rable distinction, had then stood on the scite of Old Durham, 
and was not known to the inhabitants within so small a distance 
as Chester, the last residence of the monks. The discovery of 
the place of their destination occurred to the wanderers acci- 
dentally, as thejegend relates; for whilst they travelled through 
the country with uncertain steps, a woman, seeking her cow, was 
informed by a person she met that she would find it in Dunholme : 
The astonished monks rejoiced at the propitious voice, and fol- 
lowed their fortunate guide, where indeed they found a country 
flowing with milk and honey. So much for the legend ; which 
we would not have troubled the reader with, but it leads to an 
argument, that the effigies on the church were placed there in 
commemoration of the happy possession of the rich meads and 
vallies on the Were, which could not be more aptly expressed 
in emblem than by the figure of the bountiful cow distending 
her udder to dispense charitable gifts to mankind : It was em- 
blematical of the rich country they had obtained, of the gracious 
gifts of Providence decreed to them, and the holy benevolence 
of the church. In pursuance of this idea, it is probable the 
monks, on discovering their destined residence with the pious 
host which accompanied them, sat down on the plains south- 
east of the present city, by the brink of the river ; and there 
erected themselves habitations, till they could build a church 
wherein to deposite the saint's remains : This conjecture has a 
strict correspondence, not only with the name of Old Durham, 
but of the Burgus vetus, (which we shall point out from several 
records) afterwards granted to the convent. On the one side of 
this plain was a fortress, perhaps of no less antiquity than the 
times we are speaking of, called the Maiden Castle,* the remains 
of which are described in the sequel ; and on the other side, a 
peel or castle, as is presumed from the name of the eminence 
called the Peel Law or Castle-Hill, though no traces of any 
such erection are at this time to be seen or found in the forest of 
oak that grows on the hill. The river runs between the emi- 
nences, and almost fills the whole intervening space. The 
remains of extensive breastworks and trenches are to be seen a 
little farther up the vale, such as the people of that age used to 



* In the Gentleman's Magazine for the year 1 755, the origin of the name Mai- 
den, when annexed to Way or Castle, is learnedly defined by that great antiquary IVIr 
Pegge, under his then signature of Gemsege : Particularly he says, " To risque a 
" conjecture upon a point so obscure, perhaps it rnay come from the British word 
" MAD. pulcher or beautiful ' t hence possibly may come the Anglo-Saxon word MAID 
* and MAIDEN, virgo, which in that case answers exactly to our present expressions 
" ajair one, and in the plural the fair ; a sense undoubtedly very well accommoda- 
" ted to all the three names of Maiden- Castle, Maiden- Way, and Maiden- Hold." 



THE CITY OF DURHAM. 



cast up for the defence of their habitations ; and not far distant 
is an eminence called Mont-Joye, from whence the wanderers 
obtained a view of the hill of Zion, whereon St. Cuthbert was to 
rest for ever.* Warden-Law lies several points to the north- 
east of the city of Durham, and on the wrong side of the' river 
for the monks to approach Chester from Ripon. The fords are 
dangerous and uncertain, and even impassable at certain seasons 
by travellers on foot : Warden-Law is also at a greater distance 
from Ripon by eight miles than Durham. Such circumstances 
counterpoise the apparent similarity of names, and induce a 
belief, that as the religious troop would cross the river Tees 
either at Neseham, Croft, or Piercebridge, they would seek the 
fordable passes of the river Were near Durham ; and that 
Wcdelau, Werdale, and such other names as we find in ancient 
authors, express the Dale of Were. Though names grow cor- 
rupt, yet points of the compass must remain ; and if the pious 
host sat down east of Durham, on the banks of the Were, there 
was no other ground so situated but in the vicinity of Old Dur- 
ham. This argument shall not be pressed further till we come 
to describe the ground, in our progress through the county. 

Dunholme, or the eminence on which St. Cuthbert was to rest, 
is described to us as being insufficient for the reception of the 
multitude that attended the saint, till they had cut down the 
thickets and forests which grew upon the skirts of the hill. The 
first work the pious labourers engaged in, was to erect an ark or 
tabernacle with timber and boughs of trees, where they deposited 
the saint's body ; after which they built a compleat edifice, simi- 
lar to the churches of that age, which was called the White 
Church. This transaction all the monkish writers fix to the 
year 995.f It doth not appear that any habitations were erected 
for the people on the mount where the church was built, for a 
considerable time after their coming to Dunholme ; for we are 
told, in the course of three years from the date of the first taber- 
nacle, that a church of stone-work was begun and dedicated by 

* Mr Cade of Durham, in his tract on the Roman roads of this county, published 
in the Archeeologia, vol. vii. p. 74, has taken great pains to trace the works, and en- 
tertains an idea that they were the vestiges of a Roman winter-camp. For the sa- 
tisfaction of our readers, we shall extract his letter on the subject when we describe 
those places. 

f The learned editor of Camden adds, " And to omit the many pretended miracles, 
" and other passages of less moment, he (Symeon) says further, that the first church 
" erected at Dunholm by bishop Aldwin was, Jacta citissime de virgis ecclesiola, "a 
" little church quickly made of rods ;" just such another structure as that which is said 
*' to have been first built at Glastenbury, whereof Sir Henry Spelman has given us 
"a draught:" Qui locus non eral inhabilatus vel <sdificatus^ sed densissima undiq. 
sy!va totum occupavit. Elenchus Liber, cui tit. Liber Ruber Dun.. 



THE CITY OF DURHAM. 



bishop Aldun, wherein the saint's remains were deposited* 
According to the course of events exhibited by the ancient wri- 
ters, it was not till after the foundation of Aldun's church was 
laid, that the forest which grew round the eminence was cut 
down, and the skirts of the hill were rendered fit for human 
habitation. Much labour was expended ; and all the inhabitants 
between Coquet and Tees rivers, at the command of the earl of 
Northumberland, are said to have been employed therein ; work- 
men drawn from a tract of country not less than fifty miles in 
length: Such was the mighty concourse which on that occasion 
crowded the banks of the Were.* From the above circumstan- 
ces we are led to date the rise of the town of Durham in the 
opening of the eleventh century. Bishop Aldun did not live to 
see his design compleated, but left the western part of the edifice, 
after eighteen years pious care, for his successors to finish. 

We hear nothing further of the town of Durham till the year 
104-0, when, some authors say, it was attacked by Duncan of 
Scotland ; and it seems there were then fortifications, for the 
townsmen, as reported, sustained the invaders assaults for a long 
time, and at length made a victorious sally, whereby the enemy 
were totally routed. The heads of such Scots leaders as fell or 
were taken prisoners, were fixed on poles round the market- 
place. The eminence chosen for the first buildings was so steep 
on every side but one, that it was easily defended against the 
attacks of an enemy : The weakest part was on the north-east, 
where Claypath, or Clayport-gate, now stands, f being on the 
neck of land between the streams of the river : This neck, from 
brink to brink of the W T ere, is not much above 200 paces in 
width in its present state ; and there are sufficient appearances on 
the adjacent ground to encourage a conjecture, that a sluice or 
moat crossed this narrow part, whereby the whole city could on 
occasion be compleatly insulated. The name of Clayport^ as it 
is stiled in all the ancient writers, appears to be a corruption of 
Cluerport, or the gate of the sluice ; cleur being a north country 
word, in acceptation for a sluice-gate or sluice- board, by which 

* The topography of Lunholme at that tyme was, that it was more beholding to 
nature for fortification than fertiljtie ; where thick woods both hindred the starres 
from viewing the earth, and the earth from the prospect of heaven. Here the 
monkes, with extemporary devotion, instead of a church, built an arbour of boughs 
for St. Cuthbert, and from thence translated it into Whitkyrk (for three years;) while 
Aldwinus the bishop raised no small building of stone worke for his cathedral church, 
where all the people betweene Coqued and Tees three years were at worke, and were 
paid for their paynes with treasure in heaven, than which there was never a dearer or 
cheaper way to build churches. Into this new basilica, St. CuthberCs restless body, 
in the three hundred and ninth yeare after his first buriall, was with all funeral 
pompe enshrin'd. Legend of St. Cuthbert. 

f Removed in May, 1791. 



THE CITY OF DURHAM. 



a dam-head is stopped. Lelancl, who visited this country, in his 
Itinerary says,* "The towne self of Duresme stondeth on a 
" rocky hille : and stondith as men cum from the south cuntre 
" on the ripe of Were, the which water so with his course natu- 
" rail in a botom windeth about, that from Elvet a greate stone 
"bridge of 14 arches, it crepith about the towne to Framagate 
"bridge of 3 arches also on Were, that betwixt thes 2 bridges, 
" or a little lower at St. Nicholas, the towne, except the lenght 
"of an arrow shot, is brought in insulam ; and some hold opi- 
" nion, that of auncient tyme, Were ran from the place wher 
" now Elvet bridge is, strait down by St. Nicholas, now stond- 
" ing on a hille ; and that the other course, part for pollicy, and 
"part by digging of stones for building of the towne and minstre, 
" was made a valley, and so the water course was conveyed that 
" way, but I approve not full this conjecture." Leland, doubt- 
ing the truth of the report, does nut express his opinion con- 
cerning the neck of land which he mentions. Symeon, who 
gives us the account of the before-mentioned attack on Durham, 
takes no notice of any fort or strong hold which contributed to 
the gallant defence of the inhabitants ; but it is probable the 
mound on which the octagonal tower of the castle stands, was 
cotemporary with the church, and perhaps formed of the soil, 
which was necessarily moved when the foundations of that struc- 
ture were laid. At Warwick there is a mound of the same form, 
with terraces similar to those at Durham ; and Dugdalef tells 
us, " If it was presumption to carry its antiquity higher, to refer 
"the foundation thereof to the renowned lady Ethelstede, daugh- 
" ter of king Alfred, and lady of the Mercians, I am sure will 
"not, in regard it appears, that she in 915 (scil. in the 16th 
" year of king Edward the Elder) caused the dungeon to be 
" made, which is a strong tower or platform, upon a large and 
"high mount of earth, artificially raised (such being usually 
" placed towards the side of a castle or fort, which is least defen- 
" sible) the substance whereof is yet to be seen." This passage 
is quoted, to shew the reader there was an example for the peo- 
ple to follow, and that such mounts were of that antiquity. It 
is said to be the opinion of the ingenious Mr Wright, of Byers- 
green,f that this was a Danish mount or fort ; but we have no 
traces in history of that people having a residence here ; and 
indeed the former arguments hold against it, as such a work 
would have rendered the place notorious to the monks of Ches- 
ter, at the distance of six miles. 






* Itin. vol. i, p. 81. 
f Warwickshire, p. 508. J Author of Louthiania. 



THE CITY OF DURHAM. 



The next event noted in history, wherein Durham is distin- 
guished, was in the year 1069, after the coming in of William 
the Norman, when he sent down Cumin as governor of North- 
umberland with a guard of 700 vetern Norman soldiers. Des- 
pising bishop Egel win's caution and advice, Cumin entered the 
city with marks of cruelty and tyranny, and through the inso- 
lence of his own self-sufficiency, permitted his troops to give them- 
selves up to rioting and wantonness ; they forcibly took posses- 
sion of the houses, were dispersed through every quarter of the 
city, and committed various enormities against the inhabitants. 
The Normans, overcome with drunkenness and revelling, were to- 
tally off their guard ; whilst the people of the adjacent country, arm- 
ing themselves, assembled in thenight, and at the dawn of day forced 
the gates of the city, fell upon the Normans when they suspected 
no violence, and put them to the sword ; so that the streets were 
filled with blood and carcases, the house where the earl lodged 
was set on fire, and those within endeavouring to fly were imme- 
diately slain, only one wounded person of the whole band esca- 
ping death. When the ruthless tyrant William, greedy of re- 
venge, marched his army northward, the affrighted inhabitants 
of Durham fled the city ;* and the monks forsook their convent, 
leaving the Normans a melancholy solitude, on which to wreak 
their vengance by fire and destruction. As soon as the troops 
retired, the inhabitants came from their hiding places, and the 
religious host brought back their holy charge after an absence 
of four months. 

The king having appointed Walcher to the bishopric, on his 
return from an expedition against Malcolm of Scotland in 1072, 
ordered a castle or fortress to be built at Durham, at once to pro- 
tect the bishop and his convent, to keep the people in subjection, 
and to awe the northern territories, this place being esteemed a 
fit situation for a barrier. It is certain such an edifice was begun 
about thatperiod of time, but we have no information of what form 
it was, though the octagonal figure is not unusual in the Nor- 
man buildings. It seems, Camden apprehended the castle di- 
rected to be built by William was not founded on the sciteofany 
ancientfortress, his words being in eminentiori collisparte extruxit; 
but that a more elevated situation was chosen for the new bul- 
wark than the stronghold alluded to by Gulielmus Gemiticencis, 
whose words he quotes, describing the fortress ; " From whence 
" (he says) the English, dissatisfied with the Norman yoke, made 
" frequent sallies, and kept themselves close there, waiting for the 
" expected approach of the Danes ; that it was in a part of the 

* Camd. Brit. 



THE CITY OF DURHAM. 



* c country inaccessible by reason of woods and waters ; that it had 
" a strong rampier round it, which they called Dunholme." 
This account seems to strengthen the former arguments. Wil- 
liam de Malmsbury, whom Camden quotes, and who lived about 
that time, gives us this description of the city : " Durham is a 
" hill rising gradually from out the valley to its summit ; and 
66 notwithstanding, by its rugged situation and broken rocks, all 
" access for an enemy is cut offj yet lately they have built a cas- 
" tie upon a hill, at whose foot runs an excellent river." Dug- 
dale, further speaking of the castle of Warwick, says, " In those 
" days (in the Saxons' time I mean) were very few such defensi- 
" ble places as we now call castles, that being a French name ; 
" so that though the English were a bold and warlike people, 
" yet, for want of the like strongholds, were they much less able to 
" resist their enemies, which defect gave great advantage to the 
" Norman conqueror after his victory at Hastings; whereof he 
" was so sensible, that he neglected not to raise store of such 
" forts through the whole realm, as I have elsewhere observed, 
" amongst which this at Warwick was not the least." 

Bishop Walcher's assumption of the civil jurisdiction, in the 
character of palatine, it is apprehended brought on the tragical 
catastrophe before related,* in the month of May 1080 ; and the 
city of Durham, after his death, sustained the assault of the riot- 
ers for four days, who, not able to make any impression dispersed 
themselves. 

William de Carilepho, who succeeded in the bishopric, was 
among the malecontents on the accession of William Rufus : 
After the king had quelled the southern insurrections, he sent an 
army into the north, which laid siege to Durham, arid soon redu- 
ced the place ; the bishop flying into Normandy : On this occa- 
sion, the temporalties of the See were seized into the hands of the 
crown, John de Tailbois amd Ernesius de Burone were made 
governors of the castle and palatinate, and it was not till the year 
]091 that the bishop was restored: Soon after that event, he 
granted, or (if the ancient authorities are not confused on this 
subject) rather re-granted to the convent, Elvet in the order of 
a borough, where the monks should have forty merchants houses 
or tradesmen's shops, distinct and separate from the bishop's bo- 
rough of Durham, that they might trade there, freed from duties 
payable to the bishop and his successors! . Though we have no 

B 

* See vol i. p. 158. 

f Linwood, upon the Provincial, (ut singula de sensikus) speaks to this effect : 
Aliqui interpretantur Burgum esse Castrum, vel locum ubi sunt crebra castra ; vel 
dicitur Burgus, ubi sunt jicr limites habitucula plur*. cvnstitut*. But afterwards 



10 THE CITY OF DURHAM. 

previous account of the borough of Durham,* yet by inference 
we may determine that such borough existed, with exclusive pri- 
vileges, even till the institution of the borough of El vet held an 
entire trade : How this diminution was relished, we are not 
informed ; nor how the new borough supported its authority. 

In the time of bishop Flambardf, whilst the temporalties were 
in the hands of the crown, it appears by the guardians accounts, 
the borough of Durham sustained considerable damage by firef. 
After the bishop's restoration to the See, he improved the fortifi- 
cations of the city, by extending the walls between the church and 
the castle : He removed all the houses on the area between those 
two edifices, and levelled the ground : He fortified the castle 
with a moat, strengthened the banks of the river, and built the 
beautiful bridge called Framwellgate bridge. 

In April 1139, this city entertained the members of congress, 
when articles of peace were agreed upon ; Maud Queen of Eng- 
land, with a great number of barons, on the part of that crown, 
and prince Henry, with many Scotch nobles, on the other part, 
being present, 

King Henry II. during his displeasure with bishop Pudsey, 
took possession of the castle and city of Durham, and on various 
pretexts repeatedly deprived him of the custody of this strong 
place. It was a custom for the burgesses, on the demise of a 
prelate, to desposite the keys of the city gates at the shrine of St 
Cuthbert ; On the death of bishop Pudsey, the officers of the 
crown, who had seized the temporalties, took violent possession of 
the keys contrary to the ancient usage. As the election of a prelate 
was studiously delayed, and much oppression happened during 
the vacancy of the See, under the influence of the crown officers, 
and as a creature of the king succeeded, it is not to be wondered 
that we hear no further than the mere mention of this infringe- 
ment of the privilege of the convent. 

King Henry III. on his northern excursion, honoured this 
city with his residence for some short time, during the episco- 
pacy of bishop Farnham. 

defines it thus : JBurgus did potcst villa qufucunq. alia in civitate, in qua est wniver- 
sitas approbata. Some derive it from the Greek Tygyaj, * e - Turris. See Skene 
De Verb Signif. Verstegan, in his Restitution sf decayed Intelligence saith, Burg 
or Burgh, whereof we take our Borough, metaphorically signifies a town having a 
wall or some kind of a closure about it : All places that in old time had amongst our 
ancestors the name of Borough) were one way or other fenced or fortified. It is 
doubtful, whether, before the statute of Acton Burnell, goods were devisable but in 
ancient Boroughs, where by prescriptive custom they were usually devised. 

* Vol. i. p. 162. 

f Bishop Flimbard was consecrated A. D, 1099, and died 1128. 
| Vol. i. p. 179. 



THE CITY OP DURHAM. 11 

After the victory of Falkirk, Edward I. halted at Durham to 
which place intelligence was brought that the Scots again 
appeared in force, which obliged the king to march northward, 
and he celebrated the festival of Christmas at Tynemouth. In 
the year 1 300, the king was again at Durham, as a mediator be- 
tween the bishop and his convent, touching their then bitter 
dissentions. 

On Brus's incursion in the time of Edward II. a party of the 
Scotch, whilst the inhabitants were in their beds, surprised the 
suburbs of Durham, which they reduced to ashes. 

Edward III. with a great army, was at Durham for some time, 
before the Scotch were discovered to lie in Stanhope-park : In 
1333 he was again at Durham, on his march northward, previous 
to the victory of Hallidown-hill. 

The walls of the city of Durham having been neglected, and 
becoming ruinous, were restored and put into a state of defence 
by bishop Beaumont, who in 1323 received a severe censure from 
Edward II. for his negligence in matters so important to his 
palatinate. On the 23d of December, 1356, Edward III. was at 
Durham, and issued summonses for the military tenants to attend 
him on a northern expedition, in which Berwick was besieged 
and reduced. 

In 14-24? this city was crowded with the nobility of England 
and Scotland, on the liberation of the Scotch king, and his mar- 
riage, with the lady Jane Seymour ; the hostages were received 
here ; a truce for seven years was also then settled between the 
two nations ; and certain laws established for the government of 
the borders : The king and queen of Scotland remained at Dur- 
ham a considerable time, not departing thence until the last day 
of March or first of April. 

A dreadful visitation of the plague happened here in the time 
of bishop Langley, which occasioned an Adjournment of the 
assizes, and a total suspension of all public assemblies in the year 
1416 : It continued to rage for five successive years. 

In the time of Bishop Nevill, this city was the place of many 
conventions of the delegates of England and Scotland. In 1448, 
Henry VI. came here on a Pilgrimage to the shrine of St. Cuth- 
bert. In 1463, lord Montague was at Durham with his army, 
previous to the battle of Hedgley-Moor. 

Bishop Fox, on the anniversary of his installation, the 23d of 
July 1503, entertained, in the great hall of his palace at Durham, 
the princess Margaret, daughter of Henry VII, in her progress 

B 2 

* See note to vol. i. p. 330. 



12 THE CITY OF DURHAM. 

into Scotland, on her espousal with James King of Scotland*. 
July, 1503 " on the 18th day of the monneth, the quene departed 
* fro Newbrough to Allerton; and at the intrygne of the said 
" place, sche was receyved by the vicayr and the folks of the 
" church with the freres Carmelits in processyon. From that 
" place sche was conveyd, as custome was, to the manayr of the 
" said bysschop of Durham. 

" The xixth day of the said monneth, the quene departed from 
" Allerton, in fayr aray and noble companyd, and Syr James 
" Straungwysch knight, sheryffe for the said lordschyp, for the 
*' said bischop mett hyr welle accompanyd. 

" After sche drew to Darneton to hyr bed, and three mylle 
" from the said place cam to hyr the lord Lomley and hys son, 
" accompanyd of many geutylmen and others welle apoynted, 
" ther folks arayed with their liveray and well monted, to the 
" nombre ofxxiiij horsys. 

" At the village of Nesham she was mett by Syr Rawf Bowes 
" and Syr William Aylton, welle appoynted, with a fayr cum- 
" pany arayd in their liverays, to the nombre of xl horsys, well 
" appoynted and well horst. 

" In the saide place of Nesham was the saide quene receyved 
" with the abbasse andreligyouses, with thecrosse without thegatt, 
" and the byschop of Durham gaffe hyr the saydcrosse for to kisse. 
" At two mylle ny to the said towne of Darneton, mett the qwene, 
" Syr William Boummer, sheriff of the lordship of Durham. In 
" company with hym was Syr William Ewers, and many other 
" folks of honor of that centre, in fayr ordre, well appoynted of 
" liverays and horst ; to the nombre of six score horsys. 

" By the said company was sche conveyed to Darnton. And 
" at the gatt of the church of the said place, war revested the 
" vicayr and folks of the church, wer doing as sche had done on 
" the dayes before, sche was led to the manayer of the said by- 
" schop of Durham for that nyght. 

" The xxth day of the said monneth the quene departed from 
" Darnton in fayr aray, and with the precedente company went 
" to the town of Durham. A mille out of the said towne, cam 
" before hyr Syr Richard Stanley and my lady his wyffe, ac- 
" companyd of gentlemen and gentlewomen varey well appointed, 

* The fyancells of Margaret, eldest daughter of Henry VII. to James king of 
Scotland ; together with her departure from England, journey into Scotland, her 
reception and marriage there, and the great feasts held on that account. - Written by 
John Younge, somerset, herald, who attended the said princess on her journey. 
From a manuscript late in the possession of John Anstis, esq ; garter king at arms 
-De Rebus Anglicanis Opuscula varia. Lei. Col, vol. iv. p. 275. Edit. 1774. 



THE CITY OF DURHAM. 13 



" hys folks arayd in his liveray, to the nombre of I. horsys, well 
" mounted. 

" Then the quene prepared herselfe to enter into the said 
" towne, and every ychon in the lyk wys, in fayr aray, and ry- 
" chely, after the mannere accostomed. In specyall the erle of 
" Northumberlaund ware on a goodly gowne of tynsill fourred 
" with hermynes. He was mounted upon a fayr courser, his 
" harnays of goldsmyth warke, and thorough that sam was sawen 
" small bells that maid a melodyous noyse, without sparing 
" gambads. Hys gentylmen of honor and hys company wer 
" well appoynted. 

" At the interying of the said towne, and within, in the streytts 
" and in the windowes was so innumerable people that it was a 
" fayr thing for to se. And in fayr ordre she was conveyd to 
66 the church, the officers of armes, sergeants of armes, trompetts, 
" and mynstrells going before hyr. 

" At the gatt of the church was my lord the byschop of the 
" sayd place 5 and my lord the prior, revested in pontificals, with 
" the convent all revested of ryches copps, in processyon, with 
" the crossys. And ther was apoynted a place for to kisse 
" them. 

" Then the sayd processyon departed in ordre, and all the 
" noblesse in lyke wys, to the church, in whiche ny to the fount 
" was a ryche awter, adorned of ryches jwells and precyowses 
" relikes, the wich the said bischop delivered to the said quene 
" to kiss. And by the erle of Surrey was given hyr offrynge. 
" After this sche was noble conveyd to the castell, wher hyr 
" lodging was prepared and drest honnestly. And every ychn 
" retourned agayn to hys repayre. 

" The xxist, xxnd, and xxmd days of the said monneth sche 
" sejourned in the said place of Durham, wher sche was well 
" cheryscht, and hyr costs borne by the said byschop ; who on 
" the xxmd day held nolle hall, and dowble dynner, and dowble 
" soupper to all commers worthy for to be ther. And in the said 
" hall was sett all the noblesse, as well spiritwalls as temporalls, 
" grett and small, the wich was welcome ; for this was hys day 
" of installacyon. 

" The xxiuith day of the said monneth the quene departed 
" from Durham, accompanyed of hyr noble company, as she had 
" beene in the dayes past, in fayr manere and good ordre, for to 
" com to the towne of the New Castell." 

^ All the nobility and people of distinction of the adjacent coun- 
ties, together with the ecclesiastics of the neighbonring monas- 
teries, were entertained on this occasion. 



14 THE CITY OF DURHAM. 

Durham was the scene of a bloody execution on the suppres- 
sion of Nevill's rebellion, no less than sixty-six persons suffering 
death there. In the year 1589 the plague again broke out and 
raged in Durham for a considerable time : After abating for some 
months, which gave hopes that the tremendous visitation was 
about to cease, it appeared again in 1597 with redoubled violence, 
so as to oblige the poorer people to be removed into huts and 
sheds on the adjacent commons, particularly El vet-Moor, where 
the marks of arrangement of melancholy cells were distinctly to 
be observed, before the late inclosures, on the south side of the 
hill, below the wood. An idea may be formed of the miserable 
situation of these unhappy people from the account (in the An- 
nals* of bishop Morton) of the wretched sufferers on Hob-Moor 
near York : His benevolence, it is to be hoped, was not unrivalled 
by the ecclesiastics of our city. In 1633, Charles I, was resident 
at Durham a considerable time with bishop Morton, who enter- 
tained him and his whole retinue, at the expence of 15001. a 
day. 

Having recapitulated the most memorable events in which 
Durham was particularly concerned, attention will be paid in 
the next place to the government of the borough or cityf . The 

* Vol. I. p. 1159. 
f Extracts from the Boldon SuTce. 

Dunelm. Erat autera civitas Dunelm. ad firmam et reddebat quatringinti marcas. 

Molendina ejusdem villae et Queringdonshire xxxvj marcas. 

Cunei moneta? solebant reddere x marcas, sed d'nus rex Henricus secundus per 
cuneos quos in Novo Castello primum posuit, redditus x marcar, usque ad tres mar- 
cas diminuitur, et ad ultimum cuneos a multis retro temporibus habitos abstulit. 

Terra Reginald! Fullonis in eadem villa reddit tres solidos. 

Terra Lefwyni prajpositi ultra aquam juxta pratam xvjrf. 
1 Terra Gualeranni de Cestria ibid, viijrf. 

Turstinus de Capella tenet unum toftum juxta virgultum d'ni episcopi de accom- 
modatione et elemosina ipsius episcopi. 

Firmum de eadem villa x marcas. 

Hatfield's Survey. 

Mag. hospitalis de Kypier tenet quandam terrain infra port, ballij borial. quondam 
Radulphi de Whitwell et red. p. ann. xijd. 

Capellanus Cantariae S. Jacobi super nov. pontem tenet j. ten. et ------ cum 

prato vocat le Mylnermydowe juxta molend. red. p. ann. vs. 

Commorar. Dunolm. tenet, j. ten. in ballio quondam Roberti Leycestr. et red. p. 
ann. ijs. 

Rector ecclesia; B. Marias in ball, borial. tenet j. ten. extra port, borial. juxta 
venell. red. vs. 

Elcmos. Dunolm. tenet cert. ten. infra ball. Dunolm. cum quodam gardin. 
quondam - Lyghtfote red. iijs. 

Johannes Kylinghall tenet j. gardin. sub mot. castri extra le Kyngesgate quon- 
dam Henry Olyndershaw ijs. 

Johannes Bowman tenet j. seldam suble Tollebothe red. p. ann. vjs. viijd. 

Johannes Chestr, baiber tenet j. plac, sub le Ileugh quondam Nicholai molend. 
cum multt aliii, 



THE CITY OF DURHAM. 15 

ancient government of the borough was, like others of the same 
antiquity and dignity, by a bailiff, who was nominated by the 
bishop. In royal franchises the title of baliff is retained to this 
day, as (inter alias) the chief bailiff of the liberty and franchise 
of Richmond and Richmondshire ; and the bishop having jura 
regalia^ his bailff held jurisdiction of the franchise of the borough 
of Durham,* In the statute of Marlebridgef the words are 
Ubi balivam hdbeat vel jurisdictionem , and counties are called 
the sheriffs bailiwics. Many considerable towns are governed 
by bailiffs to this day, as Ipswich, Yarmouth, Colchester, and sun- 
dry others. In the time of bishop Nevill, this officer of the 
borough began to be stiled bailiff' of the city of Durham ; but no 
cause is assigned for avoiding the name of borough, and substi- 
tuting that of city. The name of city, even by the ancient sta- 
tutes and law authorities, is indefinite and uncertain in applica- 
tion, being adopted in many instances, and in this case appears 
to have been used as a name of modern aeceptation, without 
meaning to express any superior dignities ; for Durham was the 
the capital of the palatinate, as well whilst called a borough as a 
cityj. 

Alarms de Bylingham, &c. et alij tenentes ibid, tenent burg. Dunelm. ad firm. 

cum tolnet. molend. redd. burg, cum forisfactur. tolnet. transeuntiura et for 

eorund. reddendo per ann. &c. ad terminum trium annorum hoc anno secundo per 
equales portiones xxiiij I. 

* By the inquisitions post mortem, taken of the borough lands and tenements, tvr 
find the following particulars of their tenure. 

A burg, in the bor. of Durh. was held per servic. pro landmale ballio burg. Dun. 
Inq. p. m. John de Wodesende, a'o 5 Hatfield. 

Wm Fleshewer held of the lord bishop in capite a burg, in the bor. of Durh. 
called Archia Inferior, by fealty, three suits to the borough court and 12d. rent. 

Patricius Calice and Agnes his wife took of the lord bishop 2 acres of land in 
Framwelgate, at 16d. rent, payable at the Tollboth for landmale, a'o xi Hatfield 
ap. Dun. cor. R. de Boghes vie. Dan. 

John Bille d. seised of 2 mess, in Claipworth, by suit at the Tollboth, &c. a'o 12 
Hatfield, cor. J. de Berland vie. Dun. 

Peter Burngham held, &c. a burg, in Framwelgate by horn, fealty, rent l|d. at 
the Tollboth, and three suits there, &c. a'o 1 4 Q Hatfield, cor. W. de Claxton esc. in 
co. Dun. 

Johanna de Luceby held, &c. a mess. &c. by fealty, 6d. rent and three suits at the 
borough court, and paying towards the maintenance of a light before the crucifix in 
the church of St. Nicholas in Durham 4lb. of wax a'o 23 Hatfield, cor. W. de- 
Men evill vie. Dun. 

John Hoton d. s. of 6. burg, in the borough of Durham, held of the lord bishop 

in burgage tenure, &c. a'o 15 Langley. Cum multis aliis. 

f 52 Hen. III. c. 2. Cok. Inst. fo. 1O5. 

J: A. D. 1307. Ballivus e'pi Dun. Ad petic'o'em ejusdem ballivi, petenlis reme- 
dium sup. eo q'd cum regal, libertas e'patus capta sit in manu regis certis de causis, 
custog dicti e'patus impedit ipsum episcopum, quod non possit habere curiam suam 
baron, sicut alii liberi dicti e'patus habent, et etiam idem custos levare fecit blad. ad 
valenc. xi Ib. de villanis dicti e'pi pro sustentatione coronatorum et subballivorunt 



16 THE CITY OF DURHAM. 

We are totally ignorant what privileges this place anciently 
enjoyed as a borough. The munificent prelate, Hugh Pudsey 
after the disputes with his sovereign subsided, granted a written 
charter to the burgesses of Durham, which was the first charter* 
the borough received : The people of Durham are therein 1 
stiled burgesses, we presume, from their inhabiting within 
the gates of a walled town, and under the protection of a for- 
tress, where they carried on a secure trade, and perhaps held 
certain customs established by successive prelates. By this char- 
ter, the people were for ever thereafter discharged from 
the customs of in-toll and out-toll for all their merchan- 
dizes; they were also exempted from heriots, a duty or tri- 
bute established in very distant antiquity, and in the Saxon 
times given to the lord for his better maintenance in war. 
Most of the ancient writers have distinguished heriots in two 
branches, heriot custom and heriot service: Law definitions 
have little right to a place here ; it must suffice to say, that both 
denominate an estate of inheritance, and the heriot service a fee- 
simple. But the fourth exemption by this charter is most singular; 
it is a discharge from the custom of marchet : This was the old 
borough custom,* and brings ludicrous ideas, when one considers 

regis Ibidem, et non distrlngit aliquem liberum sen villanura in dicto e'patu pro hu 
jusmodi sustentac'o'e nisi tantummodo villanos dicti e'pi. Et preterea idem custoa 
cepit in manum domini regis Burgum Dunelm, Derlington, Aukeland, Stoketon, and 
Gatishevid, et mercat et tolnet in diet e'patu et tenet curias ibidem et capit prosicua 
et jam duo brevia de recto pendet in curia ipsius e'pi et ballivi sui non possunt ingredi 
cur, prsedictam ad faciend p'tibus justiciam, &c. Ita responsum est, mittatur sub 
pede sigilli cancellar. ista petitio Rogero le Branbanzon et sociis suis. &c. coram 
quibus judiciam redditum fuit de regali libertate capiend. in manum regis, et ipsi 
super hoc ordinent remedium competens quoad omnes istos articulos. Ryley's 
Pleas in Parl. p. 552. 

* Marchet turpis Scotorum veterum consuetudo, qua territorii dominus vassallJ 

sponsam prima nocto comprimeret, floremq ; carperet pudichioe. Spelman's Gloss. 

p. 397. 

King Evenus did wickedlie ordaine, that the lord or maister of the ground or land! 
suid have the first nicht of ilk maried woman within the samin. The quhilk ordonance 
was after abrogate be king Malcome the Third, quha ordained, that the bridegrooms 
suid have the use of his awin wife, and therefore suld pay ane piece of money called 
marca. (Hector Boetius, lib. S. c. 12.) For the quhilk certain kye was used to be 
paid (lib. 4. Cap. Sciendum, 63.) Bot utherwaies, in my opinion, mark or march 
signifieth ane horse ; In the auld French, Irish, and Dutch teunges (for in the French 
toung. marcher is to ride or gang, &c. &c.) I think that marcheta mulieris is the 
raide of the woman, or the first carnall copulation and conjunction with her ; quhilk, 
in respect of her virginitie, is maist esteemed be men. Quhilk interpretation is con- 
firmed alswa be Cuiac, lib. I. defeudi. Expository to Regiam Majestatem, by 

John Skene. 

Et debet tallagium, sectam curias et merchet hoc modo, quod si voluerit maritare 
filiam suam cum quodam homine libero extra villam faciet pacem cum Dom. pro 
maritagio Et si earn mari taverit alicui customario villae nihil dabit pro maritagio. 
Et dabit duplex heriotum, &c. r -Sgelman's Glossary, 



THE CITY OF DURHAM. 17 

It had relation to a prelate's borough. When the barbarous 
customs of our ancestors began to be corrected through the me- 
dium of more polished manners, and learning had diffused a 
liberality of sentiment, this brutal and absurd mark of the vilest 
vassalage was commuted for a money payment. In various parts 
of this island the custom bore different names; in some places 
the marchet, in others maiden-rents, and in Wales gwabr-marcft* 
ed ; all distinguishing a mulct paid to the lord for the marriage 
of a vassal's daughter, and originally commuted for his right 
with the virgin bride. The additional bounty to the borough, 
which has reference to the free customs of Newcastle, may not 
be so easily explained, no historian having hitherto informed us 
what were the original privileges of Newcastle, or by whom they 
were granted. If in the laborious researches of the reverend Mr 
Brand this may be discovered, it will add new light to the his- 
tory of our city, whose burgesses, by this grant, were entitled to 
hold all such free customs as the burgesses of Newcastle enjoyed.* 
This prelate improved the city greatly by building Elvet bridge, 
and continuing the city wall from the North-gate, now called the 
Gaol-gate to the South-gate, or Water-gate. 

The city continued under the government of its bailiff from 
the time of Bishop Pudsey till after the Reformation. Indeed 

VOL. II. C 

Consuetude pecuniaria, in mancipiorum filiabus maritandis. Bract, lib. ii. cap. 
8. Vide Spelman, who defines it in like manner. Coke on Lit. fol. 148, says it 
was called Marchet, as it were a chete or fine for marriage. In the manor of 
Denever, in the county of Caermarthen, 10s. is paid to the lord there, called Gwbr- 

merched In the manor of Biulth, in Radnorshire, a noble is paid to the lord. 

See Pennant's Welch Tour, vol. i. p. 221. 

Bishop Pudsey's charter, with the confirmation of Pope Alexander III. are now 
in the possession of the corporation of , Newcastle. Pope Alexander III. was elected 
6th Sept. 1159, and died in 1J 81, having reigned 21 years, 11 months, and 22 days. 

The seal to the confirmation is of lead, appendant by a yellow and crimson silk 
string. Popes bulls are public writings, issued from the Roman Chancery, com- 
monly sealed with lead, and are the same with edicts, letters patent, and provisions 
of secular princes : If they are letters of grace and favours, the lead is hung on siik 
thread if they be of justice, and executory, the lead is hung by an hempen cord. 
Such instruments are declared to be void in England by an act 28 Hen. VIII. 

There are a great many in the chapter-house at Durham, particularly one of pope 
Clement VII. A. D. 1524, with the seal of solid gold, confirming the title of fidei 
defensor to Hen. VIII. 

Collier, in his Geographical Dictionary, says, " The council held at Leteran was 
on the 5th of March, 1179, where pope Alexander 1 1 1. was assisted by 300 bishops." 

* Joh'es Dei gra. &c r Sciatis nos concessisse et hac carta n'ra confirmasse bur- 

gensibus n'ris de Novo Castro sup. Tinam pro fideli servicio suo et heredibus cor. 

imperpetuum q'd nullus eor. per aliquem distringat, extra eundem burgum ad red- 

dendum alicui debitum aliquod unde nonsit capital, debitor vel plegius. Concessi- 

mus ctiam eis gildair. mcrcatoriam et quod nullus eor. facduellum, &c : E. MS. 

i)un. Eccl. lib. iv. cap. 'JC. fol. 'Jfi. 



18 THE CITY OF DURHAM. 

we find a superintendent appointed to regulate the merchandise, 
who took the title of marshal, or clerk of the markets, and he had 
the custody of the alnage-seal, not only for the city of Durham, 
but the province at large. He was an officer appointed by vir- 
tue of the jura regalia, in pursusance of the statute of the 25th 
of Edw. III. and subsequent laws, and collected the duties pay- 
able on cloths, and by his seal distinguished their quality. In 
1 448, bishop Nevill granted to Robert Kelsey, esq ; the office of 
marshal, or clerk of all the markets within the bishopric of Dur- 
ham, and also the keeper of his alnage-seal, to be exercised by 
himself or his sufficient deputies, under the yearly rent of 13s. 
4d. to be paid into the bishop's exchequer.* Though this is the 
first record met with, yet from various evidence we are led to 
determine, it was not an office then originally instituted in this 
city, but had taken place in consequence of the before- mention- 
ed statute. Antecedent to the creation of aldermen, mayors, and 
other chief officers of incorporated towns, the marshal of the 
markets was an appointment absolutely necessary to the subject 
at large, for the prevention of fraud, and encouragement of fair 
trading. This was one of the badges of regality ; for the mar- 
shal or clerk of the markets was an officer of the king's house,f 
of whom Briton, rehearsing the laws, says, " We will that none 
" have measures in the realm but we ourselves, but that every 
" man take his measures and weights from our standards." 

The burgesses by the foregoing charter were exempted from 
in-tott and out-toll, but foreign merchants bringing in their mer- 
chandise, were subject to certain duties imposed by and payable 

* R. &c. o'ib's balivis et fid. suis ad quos, &c. s. Sciatis q'd nos de fidelitate 
circu'spec'o'e et industria dil'ci armig'i n'ri Rob. Kelsey, plenius co'fiden. ac de 
gra. iv ra spi'ali ac. p. bono et g'tuito s'vic'o q'd id R. nob. et eccl. n'rc Dun. a diu 
impendit, et in futuru. nob. et succ. n'ris ac eccl'en're p'd'ce impendet, co'cessimus 
et dedimus eid. R. officiu. mariscalcie sive clerici m'cati n'ri o'iu. et si'g'lor. civitat. 
burgor. et villar. infra e'pat. n'ru. Dun. necnon custodium sigilli ulnagii nostri 
infra epat. n'rum Dunelm, p'd. h'end. tenend. occupand, etex'cend. offic. etcustod. 
p'd. eid. R. a t'mi'o vite sue p. se v'l sufficien. deputatum sive deputatos suos suffi- 
cientes p. quo v'l p. quib's nob. et succ n'ris respondere voluerunt, una cu. o'ib's et 
si'g'lis com'oditab's p'ficuis advantages et emolume'tis quibuscu'q. inde p'venien; 
reddend. inde an. nob. et succ. n'ris p'd'cis ad sacc'm n'ra Dun. xiijs. iiijd. absq. 
aliquo compo. seu raciocinio nob. et succ. n'ris p'd'cis aut alicui officiario n'ro aut 
succ. n'ror. p'd'cor p'inde reddend. Dantes et co'cedentes eid. R plena, (tenore 
p'sentiu.) p'tatem faciend. et ex'cend. o'ia et si'g'la que ad offic. t>t custodium p'd'ca. 
debent p'tinent faciend. exercend et exequend. Darnus univ'sis et si'g'lis consta- 
bilariis, balivis, firmariis, p'positis et com'unib's tenentib's et subditis n'ris civitat. 
burger, et villar. p'd'car. firmit. in madatis, q'd eid. R. in p'missis faciend ex'cend. 
et exequend. intendentis sint obeJientes, co'sulentes, facientes, et auxiliantes p'ut 

decet. In c. rei, &c. pat. dat. &c. duodeci'o d. Janu. a'o p. n'ri undeci'o. P. 

bre. de pr. fig Rot. M. Nevill, N 115. 

f 1 Edw. IV. c. 1. 15 Rich. II. c. 4. Fleta, lib. ii. c. 1, Briton, &c. 



THE CITY OF DURHAM. 19 



to the bishop. The bishop for the time being imposed those 
duties on various special occasions, particularly as a tallage or 
aid, for the inhabitants of the city, towards repairing and main- 
taining the city walls.* In bishop Bury's time, we have a record 
of the revocation of a grant of this nature, dated the 13th of 
April 134-5.f In the year 1377, bishop Hatfield granted to the 
inhabitants of Durham, by the title of Burgensibus $ aliis probis 
hominibus in civil ate rfra Dun. certain duties for divers wares 
coming into the city, as an aid for supporting the walls and pave- 
ments of the place;| and in bishop Fordham's time an inquisi- 
tion was taken of the receipt and application of such duties, da- 
ted the 14th of January 1385 ;|| and of the same date a demise 
was granted for six years of the revenues of the city.$ Before 
any charter was granted for the government of the burgesses, 
the several crafts, who exercised their trades within the city, 
were under special restrictions and bye-laws, framed by them- 

C 2 

* Murage. f See notes to vol. i. p. 359. $ See notes to vol. i. p. 578. 

|| Joh'es Dei gra. ep. Dun. dil. et fid. suis Rad'o de Eure chiv. Tho. de Claxton, 
Walt'o de Hawyk, Will'o Blakedon, Joh'i Sadburye, et Joh'i Lewyn, s. Quia da- 
tum est nob. intelligi, q'd div'si hoYes vill. n're Dun. p'textu div'sar. 1'rar. p'bis 
ho'ib's vill. p'd'ce in auxiliu. rep'ac'o's et emendac'o's clausure ville p'd'ce p. d'nu. 
Tho. uup. ep'u. Dun. predecess. n'rum co'cessar. non modicas pecuniar, sum'as de 
reb's venal, ad villain p'd'cam venien. receperunt et colligerunt et denarios sic 
receptos et collectos, quos in repar'c'o'e et eraendac'one clausure p'd. apposuisse 
debuerant, p. majori p'te in suos proprios usus converterunt, et penes se retinuerunt 
et adhuc retinent in n'ri dampnu. non modicum et deteriorac'o'em vill. p'd'ce. 
Nos volen. maliciis h'mo'i collector, in hac p'te obviare, et d. sic collectos in 
rep'ac'o'em et ame'dac'o'em clausure p'd. apponi facere, ut decet. assign, vos. 5, 4, 3, 
v'l duos v'ru ad inquirend. p. sacr. p'bor. et legaliu ho'i'u. de co. Dun. p. quos 
rei v'itas meliussciri pot'it de no'ib's o'iu. etsi'g'lor. ad custumas de reb's venal, ad 
d'cam villam aductis in ead villa ex cau p'd'ca levand. et colligend. deputator. et 
p. q'ntu. te'pus sic deputati custumas h'mo'i de toto te'pore tarn d'ni Tho. nup. 
e'pi D. p'd. n'ri q'm de toto te'pore n'ro recep'unt et sic levaverunt et qua' sum'am 
denariorum de custumis p'd ipsos sic levator. in reparac'o'e et emendac'o'e clausure 
p'd apposuerunt. Et qua' sum'am hide pen. se retinuerunt et adhuc retinent, nec- 
non ad compot. p'd'cor. collector in hac p'te sec'd'm legem, &c. in rep'ac'o'em et 
eme'dac'o'em clausure p'd'ce p'ut vob. melius visu. fuerit, apponi faciend. &c. ex- 
pediri. Et ideo vob. mandamus, &c. In cuj. &c. dat. Dun. p. m. W. de Elmeden, 

&c. xiiij d. Jan. a'o p. n'ri quinto (14 Jan. 1385.) Rot. Fordham Sch. 8, N 2. 

Randal's MSS. 

Tho. Tuddowe et Job. Custson nup. firmarij ville Dun. ven'unt in cane Dun. 
xiiij die Janu. a'o p. d'ni Joh'is e'pi Dun quinto et sursum reddiderunt villam Dun. 
Rad'o de Eure tune senescallo q'm h'uerunt ad firmam et gratis concesserunt se esse 
computabiles W de Shrimeton, Hen. de Shirbune, Will'o Kyowe, et sociis suis, 
nunc firmariis p'd. ville de exit, et p'ficuis ejusd. ville a festo Circumcisionis D'ni 
a'o p'd. d'ni e'pi quarto usq. diem lune p'x post f'm S'ci Hillar p'd'co anno quinto. 
Quam quid, villam pred. senesc p'fatis W de Shrimeton, Hen. de Shirburne, W 
de^ Kyowe, et sociis suis, dimisit ad firmam cu. o'i'b's exit, et p'fic. ejusd. ville. 
H'end. a p'd'co festo Circu'cisionis usq. ad fine, sex annor. extu'c p'x sequen. plen'ie 
completor. Rot. Fordham Sch. 8, N 1.-, Ibid. 



20 THE CITY OF DURHAM. 

selves, and confirmed by the prelates in whose times they were 
respectively instituted, thus obtaining the force of a charter.* 

* N 10. Rob'ti Nevill, e'pi. Joh'is Burn, W. Lethom fet 15 al.) sutores 

sive alut. ex eor. unanimo consensu et assensu p. se et o'i'bus alijs eadem arte impos- 
terum infra d'cam civitat. uten. quantum, &c. 17 die Nov. anno pont. &c. coram 
ip'o d'no e'po in cane, sua Dun. p'sonalit. constitut. recogn. se et quemli't eor. 
debere et forisfacere d'co d'no e'po et succ'or &c. xxs. p. vie. Dunelm. p. t'pore ex- 
isten. de bonis et catallis suis, &c. levand. et etiam forisfacere xxs. p. mag'rum artis 
sue p. t'pore existen. ad sustentac. cujusd'm luminis sui vocat. luminis corporis 
Christi de bonis et catallis suis, &c. levand. et disponend quotiens et quando aliquis 
p'd'c'or. Joh'is, Will'i, &c. vel aliquis alius d'ca arte in p'f't. civitat. impost'um 
utens conducat recipiat sen detineat in s'vicio suo arte qua utitur sive infra mansum 
suum vel extra aliquem Scotum infra regn. Scotie nativ. ultra duos dies postquam 
per aliquem officiar. &c. et coram cancellar. Dunelm. inde convictus, &c. 

The like recognizance from the fullers to the bishop to the same purport. 

Cursitors Rolls. Rudd's MSS. 

An exemplification of the agreement of the weavers is among the rolls of the 13th 
year of bishop Neville, the preamble of which is to the following effect " In the 
44 worship of God, and the sustentac'on of the procession and the play on Corpus 
44 Christi day, in the city of Durham, after the old custom, for the wele, profit, and 
41 right of all the king's people, it is ordained and assented by all them that occupy 
" the weaver craft in the said city of Durham," &c. That they meet yearly, and 
choose two wardens and searchers ; that they make procession on Corpus Christi day ; 
" and to play, and gar to play, the play that of old time longes to yaire craft*" 
penalty 6d. To obey the ordonances stipulated by the wardens, under the panalty 
of iiijd. That no one shall set up and exercise his trade, till his looms and his 
proficiency in the trade be certified by the wardens, under the penalty of 6s. 8d. 
No Scotsman to be taken apprentice, penalty 6s. 8d. No one to weave till he has 
taken oath before the bishop's officers in the city court, " to be trewe, and trewely to 
" occupy and use his craft to the profet of the co'mon people, and no dissaite to use 
4< in his craft, and trewly on his party to fulfill his ordonance on pain of xxs." 
Imprisonment on refusing to take the oaths. Also that no rran shall go into " the 
" said city, to desire no other man, customers, or werk from him," penalty 5s. 4d. 

to the bishop, and 3s. 4d. to the craft. Will'm of Nesse, of Framwellgate, and 

John Frank of Clayport, first wardens. Exemplification dated xx die Septr. 

anno &c. 15, 

In the time of bishop Booth, the bye-laws and ordinances of the cordwainers were 
eiemplified and enrolled, greatly similar to those of the weavers ; dated the last day 
of January, 14^3. Bishop James granted a confirmation thereof by letters patent, 
dated 27th Sept. 1582. 

In the time of bishop TunstalL the bye-laws, &c. of the goldsmith craft, plumber 
craft, pewterer craft, potter craft, glazier craft, and painter craft, were confirmed and 
ratified by that prelate ; witnessed by Robt Hyndmers, chancellor, 22d May, in the 
third year of his translation. 

In the time of bishop Pilkington, the bye-laws, &c. of the mercer craft were con- 
firmed and ratified by that prelate; witnessed by Robt. Swift, chancellor, 6th Oct. 
3d of Eliz. 

In the time of bishop James, the bye-laws, &c. of those professing the art or mys- 
tery of rough masons, wallers, slaters paviors, tylers, and plaisterers, were confirmed 
by that prelate the 21st Jan. 1609, and enrolled the 13th Sept 1615, in the Heralds 
book, by Rich. St. George, king of arms. 

In bishop Morton's time, a charter was granted to the rough masons, wallers 
slatere, paviors, plaisterers, and bricklayers, whereby they were incorporated and made 
a body politic, by the name of wardens, stewards, and searchers of the company of 
freemasons, rough mssons, wallers, slaters, paviors plaisterers, and bricklayers And 



THE CITY OF DUEHAM. 21 



The city continued under the before mentioned government 
till bishop Pilkington granted the burgesses a charter of incor- 
poration, dated the 30th day of January 1565,* whereby he di- 

C 3 

the same was made patent ; dated the 16th Apr. 1638; and enrolled in the close 
rolls of the Chancery at Durham. 

The sadlers have no charter or confirmation, under seal, of their bye-laws ; but a 
long roll of orders and bye-laws, signed by the several members as they are admitted, 
beginning 28ih Feb 1628, and confirmed by tha whole trade 4th Feb. 1688. 
[Mr Rudd's MSS. contain a full copy of the above instruments.] 

Inquisitio capt. in thelonio Dunelm. x Maij 1468, cor. Ric'o Raket senesc. cur. 
burgi Dunelm. inter textores voc. wolne-websters & textores voc. chalon-websters, 
sup textura pannor. Thejurors said, Q,'d textores voc. wolne-websters a tempore 
&c. usifuerunt pannu. lanen. & pannu. lineum voc. playnlyn, caresay, seckcloth 
Celeci i operare, & d ci textores vocati chalon-websters &c. tapstre werk, Say, worset, 

motleys, tweled werk & dyaper &c&c. Rudd's MSS. 

[This shews the manufactories carried on at that period.] 

* Jacobus, Dei gratia, e'pus Dunelm. Omnibus ad quos presentes liter as perve- 
nerent, salutem. Sciatis, quod nos de gratia nostra speciali ac ex certa scientia et 
mero motu n'ris concessimus, et p. prsesentes concedimus et volumus pro nobis et 
successoribus n'ris, quod omnes illi qui modo sunthabitantes, aut qui imposterum de 
tempore in tempus habitabunt infra civitatem n'ram Dunelm, et Framwelgate, in 
comitatu Dunelm, sint et erunt re, facto, et nomine, una societas et unum corpus de 
se imperpetuum, et habeant successionem perpetuam. Et ulterius assignavimus, 
nominavimus, constituimus, fecimus et ordinavimus, ac p praesentes assignamus, no- 
minamus, constituimus, facimus et ordiramusdilectum mini in Christo Christoferum 
Sewerties unum habitantium infra predict, civitatem Dunelm. fore aldermanum 
infra dictam civitatem Dunelm, et Framwelgate, ad regend. et gubernand. eand. 
civitatem et Fram. usq. quartum diem Octobris p'ximum futurum. Ac etiam as- 
signavimus, nominavimus, constituimus, ordinavimus et fecimus per praesentes dilec- 
tos nobis in Christo, WiU'um Walton, WiH'um Wright, Rob'tum Anderson, 
Christoferum Mayor, Thomam, Knigton, Hugonem Whitfield, Edwardem Hudspeth, 
Fetrum Pattenson, WiU'um Harper, Gilbertum Nixon, Edwardum Renelley, et 
Johannem Anderson, xij burgentium habitantium infra predict, civitatem fore 
auxiliantes et assistentes prefato aldermano et successoribus suis durantibus separa- 
libus vitis predictorum Will'i Walton, Will'i Wright. Rob'ti Anderson, Christoferi 
Mayor, Thorn. Knigton, Hug. Whitfield, Edw. Hudspeth, Petri Pattenson, Will'i 
Harper, Giib'ti Nixon, Edw. Renelley, et Joh'em Anderson, xij burgensium habi- 
tantium infra, pred. civitatem fore auxiliantes et assistentes prefato aldermano et 
successoribus suis durantibus separalibus vitis predictor. Will'i Walton, Will'i 
Wright, Rob. Anderson, Chr. Mayor, T. Knighton, H Whitfield, E. Hudspeth, 
P. Pattenson, Will'i Harper, G. Nixon, Edw. Renelley, et J. Anderson, dummodo 
predicti xij burgenses hoi? este se gesserint et e'po Dun. pro tempore evistenti aliter 
visum non fuerit ; Et ulterius assignavimus, nominavimus, ordinavimus, constituimus 
et fecimus p. praesentes q'd predict, aldermanus et xij burgenses predicti, ac omnes 
alij habitantes infra dictam civitatem Dun. et Framw. de cetero sint in re, facto, et 
nomine, unum corpus incorporatum de se imp'petuum per nomen aldermani et bur- 
gensium infra civitat. Dunelm. et Framw. ac ipsos aldermanum et burgenses infra 
civitat. predict, et Framwelgate p. prsesentes incorporamus, stabilimuset unimus ac 
corpus corporatum p. nomen aldermani et burgensium infra civitat Dun. imp'pe- 
tuum durater realiter et ad plenum creamus, erigimus, ordinamus, facimus et consti- 
tuimus p. praesentes. Et q'd habeant successionem p'petuam. Ac etiam volumes 
et pro nobis et successoribus n'ris p. presentes concedimus prefat. aldermano et bur- 
gensibus infra predictam civilatem ^Dunelm. et Framwelgate et successoribus suis 



THE CITY OF DURHAM. 



reeled, that all persons then inhabiting, or who should thereafter 
from time to time become inhabitants within the city of Durham, 

imp'petuum, q'd aldermanus et xij burgenses pred. et eor. successores quotannis de 
anno in annum tertio die Octobris assignabunt, nominabunt et eligent duodecim 
alios ex discretioribus viris qui tune erunt inhabitantes et pro tempore existentes 
infra predict, civitatem et Framw. de tempore in tempus imperpetuum, qui quidem 
xxiiij burgenses sic nominati, assignati, et electi (publicis precationibus cum litania 
aut conscione prius habita) annuatim quarto die Octobris in thelonio seu in aliquo 
alio loco convenient infra pred. civitatem vijs et modis, quibus eis seu majori parti 
eorum placuerit, nominabunt, assignabunt et eligent, et nominare, assignare et eli- 
gere possint et valeant imp'petuum unum de ead. societate pro tempore existent, 
fore aldermanum infra pred. civitatem et Framw. pro uno anno integro : Ac xij 
burgenses et habitantes de ead. societate pro tempore existent, fore auxiliantes et 
assistentes alderman, infra eand. civitat. et Framw. pro uno anno integro tune 
proxime sequent. Ac q'd ille qui erit nominatus. assignatus, et electus p. majorem 
partem pred. burgensium adtunc et ibid, present, erit aldermanus infra eand civitat. 
et Framw. ec gerut ofticium aldermani infra eand. civ. et tVamw. pro uno anno 
integro extunc proxime sequent, que quidem persona sic eligenda et nominando es- 
sendi aldermanus infra eand. civ. et Framw. prestabit corporale juramentum coram 
e'po Dun. pro tempore existent, seu corom cancellario dicti e'pi pro tempore ex- 
istent, si idem e'pus non erit infra e'patum Dunelm. pro fideli exercitione et vera 
exercitio officij sui pred. cujus quidem juramenti tenor sequitur in hec verba. I 
shall truth and faith betire to our soveraigne lady the queen's majesty, her heires and 
successors, kings and queens of England ; and to the bushopp of Duresme and his 
successors, bus/iopps of Duresme. And all such acts and orders as I shall consent 
and agree unto be made, shall be for the commonwealth of the cUy of Duresme and 
Framw. and shall att noe time or times hereafter goe about to make any private or- 
ders against the privileges of the bushopp of Durham, nor for the onely projit of 
myself e, nor of any other private person or persons, or consent or agree unto the 
same : And also I shall at all and every time and times hereafter go about by word 
will, and consent, well and truely to execute every point, article, and agreement con- 
tained in the corporation to the burgesses and inhabitants of the said city and Framw. 
granted, to my power ; and also to keepe my lord's counsell, my Jel/owes, and my 
owne. Soe helpe me God, and by the contents of ihis book. Volumus tamen per 
presentes q'd toties quoties contigerit quod pred. aldermanus et burgenses pred. bene 
concordare non pussunt de eod. aldermano eligendo in et sup. prefat. quarto die 
Oct. ante solis occasum tune is pro aldermano illius anni tune proxime sequent, 
erit et habebitur quern nos aut successores n'ri, si infra regnum fuerimus, quod si 
extra regnum nos aut successores n'ros esse contigerit, tune is erit aldermanus dictee 
civitatis pro uno anno integro proxime sequent, quem cancellariuse'pi Dunelm. pro 
tempore existens nominaverit et assignavi-rit. Et ulterius volumus et p presentes 
concedimus prefato aldermano et burgensibus infra pred. civitatem, q'd si contingat 
aliquam p'sonam existentem aldermanum ejusd. civitatis obire durante anno quo 
officium aldermani ejnsd. civitatis geret vel gerere deberet, vel ab eod. officio infra 
annum ex quacuncq. causa rationabili et p. e'pum Dunelra. p. tempore existent, 
approbanda deprivari vel remove, i, q'd tune pred xxiiij burgenses habebunt yotesta- 
tem, ut praefertur, nominandi, assignandi, et eligendi (qui tune erunt infra pred 
civitatem et Framw. ) vel major pars eorum ad tale tempus quale eis bonum et ido 
neum videbitur, infra spatium quatuor decim dierum tune proxime sequentium in 
thelonio seu in aliquo alio loco convenient, infra pred. civitat. vijs et modis quibus 
eis placuerit, nominabunt, assignabunt et eligent, ac nominare, assignare et eligere 
possint et valeant unum de ead. societate pro tempore existent, fore aldermanum 
ejusd. societatisabinde usque ad quartum diem Octobris post hujusmodi deprivati- 
onem, mortem, vel remotionem, ac quod ille qui sic erit nominatus et electus geret 
officium aldermani societatis predict! usque dictum quartum diem Octobris extunc 



THE CITY OF DURHAM. 23 

and Framwelgate in the county of Durham, should become one 
society and one body for ever, and have a perpetual succession; 

proxime sequentem, nisi cum interim ex causa rationabili ut prefertur removeri con- 
tigerit, que quidern persona sic electa et nominata essendi aldermanus dicta? civitatis 
prestabit, predictum coporale juramentum corum e'po Dunolm. pro tempore extent. 
Ei si idem e'pus non fuerit tune infra dictum comitatem Dunelm. coram cancellario 
dicti e'pi pro tempore extent, pro fideli exercitione et vero exercitio officii sui pred. 
modo et forma superailictis. Et si aliquis de societate pred, qui erit nominatus, 
assignatus, et electus modo et forma predict, fore aldermanum recusaverit idem 
officium gerere vel juramentum pred, in forma pred. prestare et suscipere, tune ipse 
sic recusans forisfactet dicto e'po protempore existenti quinq. libras, et societati pre- 
dictas et burgensibus de burgo et civitate predicta quinq. libras. Volumus etiam et 
per prasstntes pro nobis et successoribus n'ris concedimus prefato aldermano et bur- 
gensibus et successoribus suis imp'petuum, quod si contingat aliquem dictorum xii 
burgensium obire vel ex quacunq. causa rationabili et p. e'pum Dunelm. pro tem- 
pore existentem approbanda deprivari vel removeri, q'd tune aldermanus dictas civi- 
tatis pro tempore existens et pred. xxiiij burgenses habebunt potestatem annuatim, 
ut prefertur, nominandi, assignandi, et eligendi (qui tune erunt praesentes infra diet, 
civitat. et Framw. yel major pars eorum) de tempore in tempusad tale tempus quale 
eis bonum et idoneum videbitur, infra spatium quatuor decim dierum extunc proxi- 
me sequentium nominabunt, assignabunt et eligent. ac nominare, assignare eteligere 
possint, modo et forma praedict. unum de dicta societate pred. civitatis et Framw. 
pro tempore existent, fore unum assistentjum aldermano dictae civitatis et Fram. 
loco illius sic decendentis deprivati vel remoti existentis ; ac q'd ille qui sic erit 
assignatus etelectus erit unus assistentium aldermano dictae civitatis pro termino vitas 
suse naturalis, nisi interim et causa rationabili per ipsos alderman, et burgenses et 
p. e'pum Dunelm. pro tempore existent, approbanda ab officio illo removeri conti- 
gerit. Et insup. de uberiori gratia n'ra, et ex certa scientia n'ra, et mero motu, n'ris, 
damus, volumus, et concedimus, pro nobis et successoribus n'ris, p. presentes, pre- 
fato alderm. et burgensibus et successoribus suis imp'petuum, q'd idem aldermanus 
et burgenses p nomen aldermani et burgensium infra civitatem Dunelm. et Framw. 
prosequi, clamare, placitare et placitari, defendere et defendi possint in quibuscunq. 
curijs et locis n'ris et sucessor. n'rorum et quantum in nobis est alibi de et sup. om- 
nibus et singulis brevibus, querelis, actionibus, sectis, et demandis quibuscunq. et de 
et sup. omnibus aliis rebus, materijs, et causis quibuscunq. Ac q'd dicti aldermanus 
et burgenses et successores sui imp'petu. habeant et habebunt commune sigillum ad 
omnia et singula chartas evidentias et cetera scripta vel facta ipsos aldermanum et 
bmgenses et societatem aut successores suos, aut terras, tenementa, hereditamenta, 
bona seu catalla reali seu p'sonali quecunq. aliquo modo tangentia seu concernentia 
sigilland. Et q'd prefati aldermanus et burgenses et successores sui imp'petuum 
shit habiles et in lege capaces, maneria, dominia, messuagia, terras, tenementa, et 
cetera hereditamenta quecunq. bona et catalla, tarn realia qunm p'sonalia, capere, 
recipeis, et perquirere, eis et successorib's suis imp'petuum, seu aliter de quibuscunq. 
personis seu quacunq. persona que illis dare, concedere, legare vel assignare volue- 
rint vel voluerit, dummodo dicta maneria, terras, tent'a, et hereditamenta sic p. eos 
et successor, suos p'quirenda, capienda, aut recipienda, de nobis et suceessoribus n'ris 
in capite, aut ad voluntatem, secundu. consuetudinem curia?, nisi e'pus Dun. pro 
tempore existens consenserit, neque excedant annualem valorem C marcarum. Ac 
q'd dicti aldermanus et burgenses et successor sui possunt omnia et singula pred. 
maneria, dominia, messuagia, terras, ten'ta, hereditamenta, bona et catalla quecun- 
que, e. ipsos seu p. successor, p'quirenda, capienda vel recipienda, dare, alienare, 
dimittere, concedere et assignare cuicunq. et quibuscunq. voluerunt. Et ulterius 
volumus et concedimus pro nobis et successoribus n'ris p. praesentes, q'd prefat. alder- 
manuset xxiiij burgenses eid aldermano assistentes vel major par& eorum pro tempore 
existent, habeant et habebunt autboritatem et potestatem de t'pore in t'pus imp'pe- 



24 THE CITY OF DURHAM. 

and he appointed Christopher Sewerties, one of the citizens, to 
be alderman within the said city of Durham and Framwelgate, 

tuum edendi, faciendi et condendi pro bono et publico com'odo ejusd. societal, ac 
pro salubri gubernatione ejusd. leges, statuta, et ordinationes, tancummodo concer- 
nentia illos qui sunt vel erunt de ead. societate civitat, et Framw. pred. dummodo 
e'pus Dun. p. tempore existens non contradixerit ; et q'd ilia leges, statuta, et ordi- 
nationes, licite et impune, in pred. civitate Dunelm. et Framw. exequi. et uti prout 
res postulabit, acetiam eor. quodlibet prout eis melius videbitur, juxta eor. sanas dis- 
cretiones alterare et mutare possint et valeant de tempore in tempus imp'petuum. 
Ac omnes qui hujusmodi leges et ordinationes infregerint et violaverint p. fines 
et amerciamenta dummodo non iniqua videbuntur e'po Dun. pro tempore ex- 
istent, punire et multare, et cad, fiius et amerciamenta p. debitum processu' 
levare et capere ad usu' diet, societatis. Et ulterius ex abundantiori gratia 
n'ra concessimus et licentiam ded'mus ac p. prsesentes concedimus et liceutiam 
damus pro nobis et successoribus n'ris quantum in nobis est, quod ijdem alder- 
manus et burgenses et successores sui imp'petuum habeant et teneant ac habere 
et tenere possint unum marcatu' singulis septimanis ap. civ. Dunelm. pred. quolibet 
die Sabbati tenendum ; ac etiam tres sep'ales ferias sive nundinas ib'm p. duos dies 
ad quamlibet feriam annuatim tenend. viz. in festo S'ti Cuthb'ti in Sept. in festo 
S'ti Cutbb'ti in Martio, et die Lune crastino festi Pentecosti, vulgariter vocat. Whit- 
sonmunday cum curiis pedis pulverigati * ib'm tenendis durantibus eisd. ferijs sive 
nundinis, una cum exitib. proficuis et amerciatnentis ad hujusmodi mercat. ferias 
sive nundinis provenientibus ; ac cum omnibus libertatibus et liberis consuetudini- 
bus prohcuis et emolumentis ad hujusmodi mercat. ferias p'tinentidussive spectanti- 
bus. Preterea volumus et fermiter precipimus quod constabulary pred. civitat. et 
Framw. pro tempore existentes sint auxiliaries et obedientes aldermano dictae civi- 
tat. pro tempore existenti, in o'ibus licitis et honestis rebus et mandatis pro meliori 
exercitione et executione officij sui pred. Et ulterius volumus et mandamus q'd nee 
aldermanus dictae civitatis nee quisquam e duodecim burgensibus assistentibus eid. 
aldermano pro tempore existentibus quamdiu in eod. officio erint, servient cuiquam 
alteri nobili viro vel generoso, nee ejust tunica vel insignibus utatur in tunica nisi 
forte (sicut ei bene licuerit) in servitio reginae aut regis Anglia?, vel e'pi Dun. pro 

* Statutes at Westminster, 17 Edw. IV." A. D. 1477, were calculated to prevent 
the encroachments of the court of Pipowder, which, like most other courts, wanted 
to extend its jurisdiction, or, in other terms, the profits arising from it. As these 
lowest courts of justice were under the direction of the steward, or auditor of him 
who had the grant of the fair, the steward, by way of drawing every litigation to his 
own court, supposed, by an ingenious fiction, that parties who never made any con- 
tract at the fair, and who perhaps lived at a great distance, had made the bargain in 
dispute within the limits of his jurisdiction, and by this means claimed conusance of 
suit. The statute therefore directs, that the plaintiff in the Pipowder court shall 
swear that his cause of action actually arose within the precinct of the fair ; and the 
law seems to be effectually carried into execution, as we hear little of these courts at 
present. I cannot but here take notice, that the etymology of the word Pipowder 
seems to be mistaken by all the writers upon the law, who derive it from Pes pulve- 
raticus or dusty foot ; nowf pied puldreaux, in old French, signifies a pedlar, who 
gets his livelihood by vending his goods where he can, without any certain and fixed 
residence. In the burrow lands of Scotland, an alien merchant is called pud pul- 
dreaux, and likewise one fair find man, or a man who frequents fairs ; the court of 
Pipowder is therefore to determine disputes between those who resort to fairs, and 
these kind of pedlars and low tradesmen who generally attend them. Barrington's 
Observations on the Ancient Statutes, p. 321, 2d edit. Dublin printed, 1767. 

j- Transeuntes significat, et vagabundos, qui ideo pedes minus tersos habent sed 
pnlvere squallentes, Pied enim est Pes pouldreux puKerulentus. Spelman's Gloss, 
p. 455. 



THE CITY OF DURHAM. 25 

to govern the said city and Framwelgate until the 4th day of 
October then next ; and also appointed William Walton, Wil- 
liam Wright, Robert Anderson, Christopher Mayor, Thomas 
Knighton, Hugh Whitfield, Edward Hudspeth, Peter Patten- 
son, William Harper, Gilbert Nixon, Edward Renelley, and 
John Anderson, twelve burgesses, inhabiting within the said city, 
to be assistants to the said alderman and his successors during 
their several lives, if they so long demeaned themselves well and 
honestly, and the bishop of Durham for the time being should 
see nothing to the contrary : And the said alderman, twelve 
burgesses, and all others the inhabitants within the said city of 
Durham and Framwelgate, should be for ever thereafter incor- 
porated by the name of alderman and burgesses within the city of 
Durham and Framwelgate ; with a power for the alderman and 
twelve burgesses, on the 3d day of October yearly, to nominate 
twelve other discreet men, inhabitants within the said city and 
Framwelgate; which twenty-four burgesses, on the 4th of Octo- 
ber yearly, should name one of the same society to be alderman 
for the year ensuing, and also twelve assistant burgesses, which 
alderman should take the oath therein prescribed before the bi- 
shop for the time being, or before his chancellor, if the bishop 
should not be within his diocese : And as often as it should hap- 
pen that the alderman and burgesses could not agree in the 
choice of a succeeding alderman, before sunset on the said 4th 
of October, then the bishop and his successors* if within the pa- 
latine jurisdiction,* or the chancellor, if the bishop was not with- 
in tho palatinate, should appoint an alderman for that time : 
And in case an alderman should die in the time of his office, or 
be removed, then the four-and-twenty should in fourteen days 
nominate another fit person in his room, he taking the oath pre- 
scribed : And if any person elected alderman should refuse to 
accept the office or take the oath, he should pay a fine of 5l. to 
the bishop, and to the burgesses the like sum of 5l. ; with like 
powers for supplying the number of assistant burgesses. And 
the said charter did also ordain and give power to the said al- 
derman and burgesses, by the name of alderman and burgesses 
within the city of Durham and Framwelgate^ to plead and be im- 
pleaded in all matters whatsoever, and to have a common seal ; 
VOL. <n. D 

tempore existent retentus fuerit. In cujus rei testim. has Tras fieri fecimus paten- 
tes. Teste Tho. Calverley, arm. cancellario n'ro Dun. apud Dun. tricesimo die 
Jan'ij, a q regni Elizabeths Dei gratia Angliae, Francis;, et Hib'nise r'ne, fidei de- 
fensor, &c. octavo, et consecrationis n're quinto. Randal's MSS. 
* Infra regnum, if within the realm. 



26 THE CITY OF DURHAM. 

and to take, receive, and purchase* manors, lordships, mes- 
suages, lands, tenements, hereditaments, goods and chattels as 
well real as personal, so as the same should not exceed the an- 
nual value of one hundred marks ; with power to alienate, de- 
mise, grant, and assign the same. And the said alderman and 
twenty-four assistant burgesses, or the major part of them, were 
thereby authorised from time to time to make, order, and pub- 
lish, laws, statutes, and ordinances, for the public benefit of the 
said society, and better government thereof, in case the bishop 
of Durham should not prohibit the same; and to alter and 
change the same at their discretion, and punish offenders therein 
by fine and amercement, to be levied to the use of the said so- 
ciety. And that the said alderman and burgesses should for 
ever thereafter hold a weekly market within the said city of Dur- 
ham on the day before the Sabbath, and also three ssveral fairs 
in the year, for two days together at each time, viz. on the feast 
of St Cuthbert in September, the feast of St Cuthbert in March, 
and on Whitsun-Monday, together with a court of pyepowder 
during the said fairs : And all profits thereof, and all liberties 
and free customs, profits and emoluments to markets and fairs 
belonging. And the constables of the said city and Framwelgate 
were commanded to be aiding and obedient to the alderman for 
the time being, for the better exercise and execution of his office. 
And lastly it was ordained, that neither the alderman nor any 
of the twelve assistant burgesses, whilst in office, should serve 
any nobleman or gentleman, use the arms, or bear the badge, 
of any such person, unless he pleased, or should happen to be 
retained in the service of the queen or king of England, or the 
bishop of Durham for the time being. 

Neither the city records nor those of the bishops furnish us 
with the names, in succession, of the chief magistrates or alder- 
men under bishop Pilkington's charter ; and, from the time of 
Christopher Sewerties, we have an entire blank to the year 
159S.f The city continued to be governed under the above 
charter till the year 1602, when bishop Matthews granted a 
new charter. 

* Perquirere Bracton, lib. ii. cap. 50. and lib. iv. cap. 22. 
j- Christopher Sewerties ap. first alderman. 

Christopher Mayer, named in the curriers and chandlers charter. No date. 
Thomas Pearson, 4th Oct. 1598. 

Robert Surtis 1599. 

Wm Hall 1600. 

Hugh Wright 1601. 

Ap. by bishop Matthew's charter, first mayor, 21st Sept. 160?. 
James Fareless, second mayor; elected Oct. 4, 1602. Randal's MSS. 



THE CITY OF DURHAM. 27 

Preceding this second charter, several of the crafts and artifi- 
cers entered into separate associations, for the better government 
of their respective trades; which being confirmed by the alder- 
man and twelve assistant burgesses, they held as ordinances 
constituted under the powers of the incorporation charter, and 
thereby made obligatory : To such, the companies who framed 
and received them gave the denomination of charters ; and they 
had their power of operation from such ordinance or confirma- 
tion. Some of these charters or by-laws are not now to be 
found ; one in the most usual form will satisfy the curiosity of 
the reader, as the tenors in general are not interesting to the 
public, and relate only to the private government of the respec- 
tive companies.* 

D 2 

* The Charter of the Curriers and Chandlers. 

For the honour of God and the common wealth, profit and comoditie of all the 
queens majesties liege people and subjects resient and abideing as well within the 
city of Duresnie, within the co. palatine of Duresme, and the suburbs of the same, 
as elsewhere. It is ordained and established by the com'on assents and agreements 
of all the citizens of the said city, and inhabitants w.thin the said suburbs, of the arts 
and mysteries of curriers and tallow chandlers. And they the said citizens and in- 
habitants, for them and their successors, doe by these presents ordain, establish, and 
agree in maner and form following, that is to say, That they and their succ'rs occu- 
pying and exercising the arts and mysteries of curriers crafts and chandlers crafts, 
within the same city and suburbs, shall from henceforth yearly, within 20 days next 
and im'ediately after the term of Martinmas day, assemble themselves and meet in 
a place convenient for the same purpose, then and there by their com'on assents and 
agreements, choose, elect, and create of themselves, of the most honest, discreetest, 
and substantialest men of the said mysteries and crafts, one alderman and two war- 
dens or searchers and that the said alderman, wardens or searchers, so elected and 
chosen, shall have full power and authority for the same year then next following, 
to do all and every such thing and things as to the office and charge of an alderman, 
wardens or searchers of right appertaineth. And if it so shall fortune, any p'son 
or p'sons of their crafts and mysteries aforesaid to be absent at the said assembly 
and meeting, being by the said wardens or any other in their names, lawfully warn- 
ed thereunto, and having no lawful impediment to the contrary, that then the said 
p'sons shall forfeit and loose unto the lord bishop of Duresme for the time being, 
for every such default, xijd. the same to be levyed of the goods and chattels of the 
said offender in that behalfe, by the officers of the said bishop, and other xijd. to 
the said alderman and wardens, to the common use of the said brethren of the said 
mysteries and crafts, and to be levied by the said wardens for the time being. Ad 
it is also ordained and established, agreed and assentetl, that every man of the said 
mysteries and crafts, and every of them, shall at all time and times hereafter, do, 
perform, fulfil, and keep of his party, of all and every thing or things whatsoever that 
shall hereafter be ordained, devised, or made by the said alderman and wardens or 
searchers for the time being, or by the assent of the most part of the brethren of the 
said occupations and mysteries, being for the common wealth and the profit and 
commodity and honesty of the said brethren, upon pain of forfeiting to the said bi- 
shop of Duresme for the time being for any such default 3s. 4d. the same to be 
levyed by the said bayliff or servants as aforesaid, and other 5s. 4d. to the said 
alderman, wardens and searchers, to the common use of the said brethren of tin 
aid crafte and mysteries, and to be levied by the said wardens and sarcbrs a a fort". 



28 THE CITY OF DURHAM. 

said. Also it is ordained, established, and agreed, by all the brethren of the same 
mysteries and crafts, that none of the said mysteries and crafts inhabiting or dwel- 
ling within the said city or suburbs, or any of them, shall fiom henceforth take to 
his prentice at the said misteries or crafts, any Scotishman or other not born under 
the obeysance of the queens majestie, not denysons, upon pain of forfeiting to the 
said bishop for the time being 6s. 8d. and to the tame alderman, wardens and search- 
ers for the time being, to th common use of the same brethren of the said mysteries 
and crafts, 6s. 8d. to be levyed as is aforesaid. And it is also ordained, assented 
and agreed, by all the said brethren of the craft of curriers, that none of their com- 
pany shall worke no kinde of leather but hide leather and calves leather ; and none 
of the said coryers shall colour no horse leather nor sheeps leather, neither to shoe- 
maker nor sadler, for the defrauding of the queens majestys liege people, upon pain 
of forfeiting to the said bishop of Duresme for the time being, for every such default 
6s. 8d. the same to be levyed by the bailiffe or serjeant as is above said, and other 
6s. 8d. to the said alderman, wardens and searchers for the time being, to the com- 
mon use of the same brethren of the said crafts, to be levyed by the said wardens or 
searchers as is abovesaid. Also it is ordained, assented, and agreed by all the breth- 
ren of the said craft, that no corryer being a foreigner or stranger, nor other not be- 
ing free of the same crafts within the said city, shall set up, use, or occupy the same 
craft, nor none of them within the said city or suburbs, unto such time he have 
agreed with the lord bishop, alderman, wardens and searchers for the time being, 
and have contented and paid to the said bishop for the time being for his agreement 
xxs. and to the said alderman, wardens and searchers for the time being, to the use 
of the said crafts, other xxs. upon pain of forfeiture to the same bishop for the time 
being 40s. and to the same wardens and searchers other 40s. to be levied as is afore- 
said. Also it is ordained, agreed and assented, by all the said brethren of the craft 
of the chandlers, that they shall make no candles but of neats tallow, shaeps tallow 
and to make the weare of good stuff, upon pain of forfeiting to the bishop of Duresme 
for the time being for every default 5s. 4d and to the use of the said craft 3s. 4d. to 
be levied as is aforesaid. Also it is ordained, assented and agreed, by all the said 
brethren of the said craft of chandlers, that no foreigner or stranger, nor other being 
not free of the same crafts of the chandlers within the said city, shall set up, use, or 
occupy the same crafts, or any of them, within the said city or suburbs, or market, 
unto such time he have agreed with the said bishop, alderman, wardens-and searchers 
for the time being, and have contented and paid to the said bishop for the time being, 
for his agreement, 20s. and to the said alderman, wardens and searchers for the time 
being, to the the use of the same craft, other 20s upon pain of forfeiting to the same 
bishop for the time being 40s. and to the same wardens and searchers other 40s. to be 
levied as is aforesaid. Also it is ordained, assented and agreed, that none of the said 
brethren of the said crafts of chandlers, or of any of them, shall take any prentice here- 
after to be bound under or for less time than seven years. And that the said prentice shall 
beof fullage, of fourteen years or more, and his indenture to beingrossedand entered in 
the common book of the same craft, within one year next and immediately after he shall 
be so bound, upon pain of any one taking any such prentice to the contrary to forfeit 
to the bishop for the time being 3s. 4d. and to the said wardens and searchers, to the 
use of the said crafts, other 3s. 4d. to be levied as is aforesaid. And it is also or- 
dained, assented and agreed by all the said brethren, that no prentice within the said 
city and suburbs shall set up the said arts and sciences, or make any candles, or set 
within the market, unto such time he have served out his prentUhip, and agreed with 
the lord b'p, alderman, and wardens for the time being ; and that he have contented 
and paid to the I'd b'p for his agreement, that he have been prentice within the same 
city and suburbs at the same science, or any of them, by the space of seven years 3s 
and to the said warden and searchers for the time being, to the use of the same bre-. 
thren, other 3s. upon pain of forfeiting to the same lord bishop for the time being 
20s. and to the said wardens and searchers, to the common use of the said brethren, 
other !20s. to be levied as is aforesaid. Also it is ordained, assented and agreed by 
all the same brethren of the chandlers, that they shall make no candle of fle, nor of no 



THE CITY OF DURHAM. 29 

Bishop Matthew's charter was much more ample than the 
preceding one : It opens with this preamble : " Tobias, by the 
" grace of God, bishop of Durham.* Whereas the city of Dur- 

flot of the pott, upon pain of forfeiting to the same bishop for the time being, for every 
offence, 10s. and to the said wardens and searchers, to the use of the same craft, other 
10s. to be levied as is aforesaid. And also it is ordained, assented and agreed that 
if the master die within the said seven years, that then the prentice, by the advice of 
the wardens and searchers of the said craft, shall be admitted to serve from ihe residue 
of his years with another of the said crafts within the said city or suburbs, and to 
have his freedom. And if the said apprentice will not be so contented, that then he 
to forfeit his freedom he should have in the said city and suburbs. And also it is 
ordained, assented and agreed, that the wardens and searchers of the said ciafts shall 
yearly, from year to year, make their full and whole accompt unto the new wardens 
and searchers of the said craft?, of all such respective forfeitures and sums of money 
as they shall have received to the use of the said crafts, during the time that they 
were wardens, and that within five days next after the election of the new wardens, 
upon pain to forfeit for every default to the said bishop of Duresme for the time being 
f>s. 8d and to the said new wardens and searchers, to the use of the said crafts, 6s. 8d. 
to be levied as aforesaid. And it is also ordained, assented and agieed, that every 
man of the said craft shall at all time and times hereafter do, performe and full Hi of 
his partye, all and every thing or things that hereafter shall be ordained, devised, or 
made by the said wardens and searchers for the time being, by the assent of the most 
part of the brethren of the said occupation, for the weale, honesty and profit of the 
queens subjects of the said crafts, upon pain of forfeiting of 5s. 4d. for every default 
to the said bishop of Duresme for the time being, and to be levied by the said baylifes 
or Serjeants as is aforesaid, and other 3s. 4d. to the said wardens and searchers of the 
said crafts, to the common use or the said crafts, to be levied by the said wardens and 
searchers for the time being, so that the same orders and devises to be made by the 
advice, assent and agreement of the alderman of the same city and his assistants for 
the time being. And moreover it is assented and agreed upon, by all the brethren 
and occupiers of the same sciences, that it shall and may belawfull unto all and every 
the inhabitants within the same city and suburbs, att all times hereafter to make their 
own candles in their own houses, as heretofore they have been accustomed, any thing 
herein contained to the contrary notwithstanding. And it is further assented and 
agreed by all the same brethren, and occupiers of the same arts and sciences, that 
they shall make no orders concerning the same arts and sciences hereafter, others than 
such as heretofore are contained in this writing, except ihe same orders be made, as- 
sented and agreed to by the said alderman and assistants for the time being, upon 
pain of forfeiting to the same bishop for the time being, 10s. and to the same wardens 
and searchers 10s. to be levied as abovesaid. 

Et nos Christophorus Maire, aldermannus et duodecim assistentes ejusd. ci- 

vitat. et Framwellgate ad requisitionem It'adi Stevenson guardiani. &c. &c. 
Randal's MSS. 

Lawrentij Booth episc. N 85. Rot M. Inquisitio de torporat. textorum ibidem 
in dorso, N 16. Corporatio de cordi tiers. 

Cuthberti Tunstall episc. Charta incorporationis d* carpenders, joyners, wheel- 
wrights, sawyers, and coopers. 

Similis, pro clothworkers et walkercraft, per Jacobum Pilkington, ep. anno 7, 
pont. sui. 

Similis, pro rough masons, wallers, et slaters, p. Matthaetim Hutton ep. an. 7, 
pont. sui. 

Clothworkers per Tob. Matthew ep. Spearman's Enquiry, p. 19. 

* Bishop Matthew's Charter. 

TOBIAS, Dei gratia, e'pus Dun. Cum civitas Dun. in com. palatino Dun sit. 
et absq. memoria hominis fuerit antiqua civitas bone memorie cumq. burgensea, ho- 



30 THE CITY OF DURHAM. 

" ham in the county palatine of Durham is, and time out of 
" mind hath been, an ancient city, of good fame. And the bur- 
mines, et inhabitantes ejusd. civitatis. una cum hominibus et inhabitantibus in Fram- 
welgate, juxta civitatem predicta. in com. praed. habuere et gravisi fuere diversa 
jura, jurisdictiones, libertates, et privilegia, tarn p. prescriptionem qua. pretextu di- 
versaru. chartaru. concessionu. et confirmationu. ta. p. nos qua. p. diversos prede- 
cessores n'ros e'pos Dunelm. cumq. burgenses, homines, et habitantes predict, civi- 
tatis et Framwelgate, dampna non modica temporibus transactis sustulerunt ratione 
defectus aliquar. dictaru. literaru. patentiu. et metuentes se de et in hujusmodi li- 
bertatibus et liberis consuetudinibus ob defectu. declarationis et expressionis earund. 
et alijs occasionibus future te'pore molestari preegravari, impediri, et p'turbari nobis 
liumillime supplicaverunt quatenus libertates et liberas consuetudines praed. sub ver- 
Li.; spi'alibus declarat. et expresat. eisd. burgensibus, hominibus, et inhabitantibus, 
ct coru. successoribus, in forma subsequent! concedere, et ipsos burgenses, liominis, 
et inhabitantes incorporare, et personas habiles et capaces cu. successione p. petuua 
facere dignaremur. Nos pro melioratione civitatis praed. et pro gubernatione et 
prestantiori regimine ejusd, et pro meliore sustentatione et supportatione graviu. 
oneru. sumptuu. et expensaru. que ipsip. manulentione ejusd. civitat. de t'pore in 
t'pus sustinent. ac in dies magis magisq. sustinere et sustentare verisimiliter videnter 
supplicationi sue in hac parte fa\orabiliter inclinati de gra. n'ra, ac ex spi'ali ac ex 
certa scientia, et mero mortu n'ris volumus, ordinamus, constituimus, et concedimus, 
p. nobis et successoribus n'ris, quantum in nobis est, quod dicti burgenses, homines, 
et inhabitantes dicti civit. Dun. et Framwelgate sint et erunt unu. corpus politicu. 
et incorporatum de majore duodecem aldermanis et communitate p'petuis t'poribus 
duratur. Et quod dicti burgenses, ho'i'es, et inhabitantes de cetero imp'petuum 
sint et erunt unu. corpus politicu. et incorporatu. in re, facto, et nomine, p. nomen 
majoris, aldermanoru. ct com'unitatis civitatis Dun. et Framwelgate. Et eos p. 
nomen majoris, alderman, et communitatis civitat. Dun. et Fram. unu. corpus cor- 
porattim et politicu. realiter et ad plenu. quantu. in nobis est p. nobis et successori- 
bus n'ris engimus, facimus, ordinamus, constituimus et creamus, p. pracsentes 
ipsosq et successores suos p. p'petuo, incorporari, uniri, et unum corpus stabiliri, 
decernimus et declaramus quodq. nominentur, vocentur, et nuncupentur major, al- 
dermani, et com'unitatis civitatis Dunelm. et Framwelgate imp'petuum, et p. idem 
nomen habeant successionem p'petuam et sint et erunt p'petuis futuris temporibus 
persone habiles et in lege capaces. Et quod. p. idem nomen implacitare poterint et 
iuiplacitari ac in et p. omnibus et omnimouis causis, querelis, actionibus, sectis reali- 
bus et personalibus, ac mixtis cujuscunq. fuerint generis vel nature prosequi, defen- 
dere, vel respondere valeant sub nomine predicto, cora. quibuscunq. judicib's ta. 
sp'ualibus qu. te'p'alibus, in o'i'bus curijs n'ris vel successor, n'roru. infra comitat. 
palatinu. Dun. et Sadberge, et quantu. in nobis est, alibi in o'i'bus aliis curijs et 
locis quibuscunq. Et quod pred. major, aldermani, et com'unitatis civitat. Dun. 
et Framwelgate, et successoris sui, sint habiles et capaces in lege ad p'quirend. et 
recipiend. terras, tenementa, annuitates, redditus, servitia, advocationis, et patronatus 
eccl'siaru. emolumenta, possessiones, et hereditaments, nee non bona et catalla que- 
cunq. ta. sp'ualia qua te'poralia, de quacunq. persona seu quibuscunq. personis que 
ilia eis dare, concedere, legate, vendere, vel assignare voluerit vel voluerint, dum'odo 
dicti terre, tenementa, hereditamenta, et premissa p. ipsos recipiend. et p'quirend. 
non excedunt an'uum valorem centu. marcaru. habend. sibi et successoribus suis, 
secundu. status et formas hujusmedi donationum, legationu. venditionu. et perquisi- 
tionum, absque molestatione vel impetitione nostrum vel successor, n'roru. vel aliquor. 
officiarior. vel ministroru. n'roru. vel successor, n'roru. quorumcunq. salvis semper 
nobis et successoribus n'ris omnibus finibus, forisfacturis, et juribus regalibus n'ris, 
p. vel ratione hujusmodi donatiomi. legationu. venditionu, vel perquisitionum aliqua- 
liter emergentibus vel contingentibus nobis et successoribus n'ris debitis et de jure 
consuetis. Et quod dicti major, aldermani, et co'itas civitat. Dun. et Framwelgate 



THE CITY OF DURHAM. 



** gesses, men and inhabitants of the-said city, together with those 
" of Framwelgate, have had and enjoyed divers rights, jurisdic- 

habeant et habebunt com'une siigillu. ad o'ia et singula scrlpta, chartas, instrumen- 
ta, ipsos majorem, et aldermanos, et com'unitatem, et successores suos, aut terras, 
tenementa, hereditamenta, bona, catalla, sive negotia sua publica, aliquo modo tan- 
gentia sen concernentia sigilland. imp'petuum. Et p. meliore executione premissor. 
volumus, et p. has I'ra's n'ras patentes assignavimus, facimus, et constituimus, et 
reaiiter nomina'mus, dilectu. nobis in Christo, llugonem Wright, unu. burgensiu. 
et inhabitantiu infra pred. civitat. Dun. fore et esse primum et modernum majorem 
infra dictam civitat Dunelm. et Framwelgate pred. in dicto officio majoratus rnora- 
turum, a dat presentium usque quartu. diem Octobrisprox. futur. Et postea quousq. 
alias de aldermanis civitat. Dun. et Framwelgate pred. in officiu. majoratus c]usd. 
civitat. Dun. et Framw. predict, debite elecius et prefectus fuerit, si id^.n Ku<ro 
Wright tarn diu vixerit et bene se gesserit in eodem : Et post decessum tlicti J- uro- 
nis Wright de dicto officio suo majoratus pred dictu. Hugonem Wright for* dJe~- 
manum civitat Dun. et Framwelgate pred. durante vita sua, quamdiu sc bcuc gcs 
serit in eod. in supplementum integri muneri dictor. duodecem aldermanoru absq 
aliqua alia electione nova, inde fienda in loco illius aldermani qui contigerit majo- 
rem civitat. Dun. et Framw pred. p. proximo anno futur eligi et nominari. Assig- 
namus etiam, nominamus, et constituimus, p. nob et success, n'ris, per prasentes, 
dilectos nobis in Christo, Rob'tum Suerties, Rich Hutchinson. Edw. Wanlcs, Wm. 
Hall, Jac. Farales, Tho. Pearson, Joh'em Wall, Edw. Taylor, Hug. Hutchinson, 
Joh'ein Heighington, Joh'em Pattinson, et Rich'um Wright, duodecem de burgen- 
sibus et inhabitantibus infra pred. civitatem Dun. et Framw. fore aldermanos dicte 
civitatis Dun. et Framwelgate durantibus separalibus vitis suis, quarcdiuse beneges. 
serint in ei:>d. officiis suis. Volumus etiam, ordinamus, et constituimus, ac p. nobis 
et successoribus n'ris concedimus prefatis majori. aldermanis, et communitati civitat. 
Dun. et Framw. et successoribus suis imp'petuum, quod major et aldermani dicte 
civitat. Dun. et Fiamw. et eoru. successores p. tempore existen. vel major pars 
eorund. quolibet anno et de anno in annu. imp'petuum tertio die Octobris assigna- 
bunt, nominabunt, et eligent viginti-quatuor alios ex discretioribus et probioribus 
viris, qui tune erunt residentes, com'orjntes, et inhabitantes infra dictam civitatem 
Dun, et Framw. pred videlicet, duos de qualibet duodecem harum sep'aliumartium, 
mysterioru. sive facultatu. infra nominal, videlicet, duos de mercatoribus, Anglice 
mercers, grocers, haberdashers, ironmongers, & salterers ; duos de mercatoribus 
panni lanei, Anglice drapers & taylors ; duos de pelliparijs, Anglice skinners & 
glovers ; duos de tannatorijs, Anglice tanners ; duos de textoribus, Anglice weavers; 
duos de tinctoribus et fulloribus, Anglice dyers and fullers; duos de allutarijs, 
Anglice cordwainers; duos de sallarijs, Anglice sadlers ; duos de lanijs, Anglice 
butchers; duos de fabris ferrarijs, Anglice smiths; duosde fabris lignarijs, Anglice 
carpenters & joiners ; et duos de lapidarijs, Anglice free-masons, & rough-masons, 
tune com'orantes, residentes, et inhabitantes infra civitatem Dun. et Framw. pred. 
Qui quidem major, aldermani. et viginti-quatuor probiores ho'i'es de mysterijs pred. 
de t'pore in t'pus sint et erunt perpetuis futuris temporibus cummune concilium 
civitat. Dun. etFram. pred. Etquodpred. major, aldermani,etviginti-quatuorprobiores 
ho'i'es nominati et sic electi p. t'pore existen. commune concilium civitat. Dun. et 
Framw. pred vel major pars eorum quor septem de aldermanis p. tempore existen. 
septem esse volumus annuatirn quarto die Octobris in Gildam-aulam sire iTolbooth 
civitat. predict, sive in aliquem alium locum convenientem infra civitat. pred. nomi- 
nabunt, assignabunt, et eligent, et nominare, assignare, et eligere possint et valeant 
imp'petuum unum de aldermanis civitat. Dun. et Framw pred. p. tempore existen. in 
majoratum et fore majorem civitat. Dun. et Framw. pred. p. uno anno integro tune 
proxime sequen. si idem major sic electus tamdiu vixerit et bene se gesserit in eod. 
JSt quod ille qui sic erit nominutus, assignatus, et electus in officiuni majoratus 



THE CITY OF DURHAM. 



" ttons, liberties, and privileges, as well by prescription as by 
" virtue of divers charters, grants, and confirmations, as well 

immediate post hujusmodi electionem erit major civitat. Dun. et Framw. pred. et 
geret officium majoratus ibid, pro uno annointegro tune proximo sequente. Volnmus 
nihilominus, et ordinamus, et statuimus, quod pred. aldermani et viginti-quatuor 
p'b'res ho'es nominati et electi in com'une conciliu. ut prefertur, vel major para 
eorund. quor. septem aldermani (sept em esse volumus) ex quacunq. causa legitima 
p. nos vel success, n'ris approbanda possint, valeant, et habeant potestatem deprivare 
vel removere aliquam personam majorem civ Dun. et Fram pred. existen. ex officio 
suo majoratus quandocunq. status bonum publicum ejusd. civitat. et causa rationabilis 
hoc exiget et requiret : q'd que si contingat aliquam personam existentem majorem 
civ. Dun. et Fram. pred. t'pore quo fuerit sic major obire et hac luce privaii anno 
durante et currente quo offic majoris sic geret vel gerere debet vel ab eod. offic 
majoris infra an. pred. ex quacunq. causa legiti ma deprivari vel removeri. quod tune, 
pred. aldermani et viginti-quatuor p'biores ho'es p. t'pore existen. nominati et electi 
in commune conciliu. ut prefertur, vel major pars eorund. tune present, quorum sep- 
tem aldermani (septem esse volumus) habebunt potestatem nominandi et eligendiad 
tale tempus quale eis bonum et idoneum videbitur infra spatium undecem dierum ex 
tune prox. sequen. in Guilda-aula sive Tolbooth pred. seu in alio aliquo loco con- 
venien. infra pred. civitat. Dun et Framw. pred. unum de aldermanis ejusd. civitat. 
Dun. et Framw. pred. p. tempore existen. fore majorem civitat. Dun. et Framw. 
pred. ab indc et a t'pore hujusmodi deprivationis mortis vel remotionis usq. quartu. 
diem Octobris tune proxime sequen. finitum si tamdiu vixerit et bene se gesserit in 
eod. Ac quod ille qui sic erit nominatus et electus major, geret et exercebit offi- 
cium majoris civitatis Dun et Fram. pred. usq. quartum diem Octobris tune prox- 
ime sequen. finitum, nisi eum ex aliqua causo removeri contigerit, autinetrim obierit. 
Q,ue quidem persona sic ut prefertur nominata et electa in officium majoris necnon 
quilibet major civitat. Dun. et Frimw. p tempore existen infra tresdies post electi- 
onem suam in officium suum majoratus pred. prestabit et subibit corporale juramen- 
tum coram nobis et successoribus n'ris, e'pis Dun. p. tempore existen. Ac sede 
e'pali Dun. vacante vel nobis aut successoribus n'ris in remotis agentibus, tune coram 
cancellario com. palatin. p. tempore existen. et in absentia ejusd. cancellar extra 
comitatu. pred. tune coram aldermanis et viginti-quatuor p'bis ho'ibus p. tempore 
existen. elect, in commune concilium, ut prefertur, vel majore parte eorund. ad hoc 
solemniter congregat. p. fideli executione et vera exercitio officii su : , cujus quidem 
juramenti tenor sequitur in hsec verba : I shall truth and faith beare to our sovereigne 
lad'/ the queens majesty, her heires and successors, kings and queens of Eng- 
land; and to the lord bushopp of Duresme and his successors, bushopps of 
Duresme. And all such acts and orders as I shall consent and agree unto be 
made, shall be for the commonwealth of the city of Duresme and Framw. and 
shall att noe time or times hereafter goe about to moke any private orders against the 
privileges of the bushopp of Duresme, nor Jor the onely profit of myself, nor of any 
other private person or persons, or consent or agree unto the same : And alsoe I shall 
at all and every time and times hereafter go about by word, will, and consent, well 
and truely to execute every point, article, and agreement conteined in this corpora- 
tion to the mayor, aldermen and commonality of the said city and Framw. granted, 
to my power ; and alsoe shall keepe my lord's counsell, my fellowes, and my owne. 
Soe helpe me God, and by the contents of this book. Etiam volumus, et p. nobis et 
successor, n'ris concedimus, quantum in nobis est, prefato majori, aldermanis et com ^ 
munitate civitat. Dun. et Framw. pred. q'd de t'pore in t'pus imp'petuum quinto 
dieOctobris quolibet anno ijdem major, aldermani, et viginti-quatuor p'biores ho'i'es 
p. tempore existen. commune concilium pred vel major pars eorund. quoru. majo- 
rem et sex aldermanos (septem esse volumus) nominarint et eligerint et nominabunt 
et eligent secundum sanas descretiones suas duos burgenses sive inhabitantes civitat. 
Dun. et Fram. pred. tune existen. fore serviemes ad clavam et ministro* curiar. 



THE CITY OF DURHAM. 33 

" from us, as several of our predecessors, bishops of Durham. 
" And the burgesses, men and inhabitants in time past, have 

VOL. II. E 

n'rarum et curiar. dictor. major, aldermanor. et communitat. civitat. Dun. et Fraimv. 
pred. tenend t'porem utroq. in dicto officio suo remansuro p. uno anno integro tune 
proxime sequen. si ipsi tamdiu vixerint, et se bene gesserint in eod. Et insup. 
volumus et p. nobis et successoribus n'ris concedimus quantum in nobis est, quod 
diet, major, aldermani, et viginti-quatuor p'bioresho'i'es indict, commune concilium 
electi p. t'pore existentes, vel major pars eorund. (quor. septem de aldermanis p. 
t'pore existen. septem esse volumus) p. uno anno integro prox. sequen. quartum diem 
Octobris annuatim, sint et erunt electores o'ium officiorutn eligibilium civitat. Dun. 
et Framw. pred. in casu accident aliquem aut aliquos ofiiciarios electos obire, amo- 
veri, vel deponi infra annum proximum post hujusmodi electionem de se factam, et 
si contingat aliquem dictor. viginti-quatuor p'biorum hominum in commune conci- 
lium electorum obire infra annum p'ximum post electionem de se 'factam, ut prefer- 
tur, q'd tune et toties major et aldermani pred. p. t'pore existen. vel major pars eo- 
rund. infra viginti dies proximos post hujusmodi mortem eligent et nominabunt 
alios civitat. Dun. et Framw. pred. burgenses et inbabitantes de ead. facultate sive 
mysteria sic morierites in supplimentum dicti numeri dictor. viginti-quatuor probio- 
rum hominum in diet, commune concilium elect. Et insuper volumus q'd si con- 
tingat aliquem vel aliquos dictor. duodecem aldermanorum obire, decedere, deponi, 
aut a loco vel locis suis amoveri, tune et toties quoties aliquis hujusmodi casus acci- 
dent, dicti major, aldermani, et viginti-quatuor p'biores ho'i'es in diet, commune 
concilium electi p. t'pore existen. vel major pars eorund. (quor. majorem et sex de 
aldermanis p. tempore existen. septem esse volumus) infra viginti dies tune prox. 
post hujusmodi obitum, decessum, aut amotionem alicujus aut aliquor. alermanor. 
pred. vel successor, suor. nominabunt et eligent, et eligere et nominare possint et 
valeant alium aut alios, burgensem vel burgenses, inhabitantem vel inhabitantes civi- 
tat. Dun. et Framw. pred. existentes, residentes, ct inhabitantes in ead. civitat. 
Dun. et. Framw. pred. fore aldermanum vel aldermanos civitat. Dun. et Framw. 
predict, loco vel locis hujusmodi aldermani vel aldermanorum sic obiuntium, dece- 
dentium, depositorum, aut amotorum, qui quidem aldermanus vel aldermani sic 
nominati et electi, erunt et existent, et erit et existet. aldermanus et aldermani civitat. 
Dun. et Framw. pred. p. et durante natural! vita hujusmodi sic nominati et electi 
aut nominatorum et electorum, si non contingat eum vel eos ob rationabilem causam 
deponi vel amoveri. Volumus etiam, et p. presentes, p. nobis et successoribus n'ris, 
quantum in nobis est, damus et concedimus dicto majori, aldermanis, et communilati 
civitatis Dun. et Framw. pred. q'd si aliqua persona que ad officium majoratus sive 
aldermani infra civitatem Dun. et Framw. pred. sic, ut prefertur, electus vel prefectus 
fuerit, renuerit vel recusaverit onus et executionemofficij pred, in se suscipere et subire, 
q'd tune et toties quoties hujusmodi persona sic elect, vel prefect, sic renuerit vel 
recusaverit, major, aldermani, et commune concilium civitat. Dun. et Framw. pred. 
p. t'pore existen. vel major pars eorund. (quor. major et sex de aldermanis septem 
esse volumus) habeant et habebunt p. presentes p'petuis futuris temporibus plenam 
authoritatem et potestatem assidendi, taxandi, et imponendi quecunq. rationabilem 
finem, penam, seu pecuniarum summam sup. hujusmodi personam sic electam,renu- 
entem, et recusantem dictum officium majoratus vel aldermani, ita q'd dictusfinis, 
pena, sive pecuniarum summam non excedat summam viginti librarum de bonis et 
catallis ejusd. persone levand. aut eundum personam negantem et recusantem solvere 
diet, finem, penam, seu pecuniarum summam sic in eu. assess, et imposit. ad 
prisonam sive gaolam infra civitat. pred. committendi quosq. satisfaceret vel solveret 
nobis et successoribus n'ris dictum finem, penam, seu pecuniarum summam sic sibi 
impositam, ut prefertur. Et pred. majorem, aldermanos, et communitatem omnes 
et omnimodas hujusmodi fines, penas, et peeuniarum summas habere recipere et ad 
publicum usum ejusd. civitat. conferre de t'pore in t'pus imp'petuum. Volumus 
insup, ordinaznus, et constituimus, ac p. presenter p. nobis et successoribus n'ris 



34? THE CITY OF DURHAM. 

" suffered great damage, by reason of the defect of some of the 
" said charters : and fearing lest in time to come they should 

concedimus prefat. majori, aldermanis, et communitati civitat Dun. et Framw. pred. 
et eorum successoribus, quantum in nobis est, q'd pred. major, aldermani, et viginti- 
quatuor probiores homines, dictum commune concilium civitat. Dun. et Framw. 
pred. p. t'pore existen. vel major pars eorund. (quorum major et sex aldermani nos 
septem esse volumus) habebunt, et p. presenter, habeant, quantum in nobis, est ple- 
iiam authoritatem, potestatem, et facultatem, vice p. et in nomine totius corporis 
corporalis civitat, Dun. et Framw. pred. componendi, coustituendi, ordinandi, faci- 
endi, et stabiliendi, de t'pore in t'pus, hujusmodi leges, statuta, ordinationes, et con- 
suetudines, que eis bona, salubria, utilia, honesta, et necessaria, juxta eorum sanas 
descretiones fore videbuntur, p. bonis, regimine, et gubernatione majoris, aldermanor. 
et communitatis civitat. Dun. et Framw. pred ac omnium tnercator. officior. minis- 
tror. artific. et resident, quorumcunq. civitat. Dun. et Fram. pred. p. t'pore existen. 
ac p. regimine et gubernatione mercat feriarum, et nundinarum infra civitat. Dun. 
et Framw. pred. et limites et lib'tates ejusd. tenend. ac [gent, ad dictum mercatum, 
serias, et nundinas, sive eorum aliquod venient. et confluent, ac p. declaratione pro 
modo et ordine major, aldermani et comunitas, et ceteri omnes, r et singuli ministri, 
officiarij, et artifices, inhabitantes et residentes civitat. Dun. et Fram. pred. ac eorum 
factores, servientes, et apprenticij, in officiis, functionibus, ministerijs, artificijs, et 
negotijs suis infra civitat. Dun. et Framw. pred. ac lib'tates eorund. ac t'pore ex- 
isten. sese habebunt, gerent, et utentur, ac aliter p. uberiori, bono publico, commune 
utilitate, et bono regimine civitat. Dun. et Framw. pred. ab etiam p. meliore preser- 
vatione, gubernatione, locatione, dimisaione terrarum, ten'torum, revertionum, et 
hereditamentorum prefat, majoris, aldermanor. et communitatis, ac successorum suor. 
eis dator. concessor. sive assignator. seu imposterum conccdend. dand. vel assig- 
nand. ac res ac causas alias quascunq. civitat. Dun. et Frarrw. pred. aut status, jura, 
et interesse ejusd. civitat. Dun. et Framw. pred. contingent, sive quocunq. modo 
concernent. q'd'q. major, aldermani, et commune concilium civitat. Dun. et Fram. 
pred< p. t'pore existen. vel major pars eorund. quor. majorem civitat. Dun. et Framw. 
pred. et sex aldermanos ejusd. civitat. Dun. et Framw. pred. pro tempore existen. 
(septem esse volumus) quotiescunq. hujusmodi leges, instituta, jura, ordinationes, et 
constitutiones condiderint, facerint, ordinarerint, et stabilierint, in forma pred. hujus- 
modi et tales penas, punitiones, penalitatas, et imprisonamcnta corporis, vel. p. fines 
et amerciamenta, vel p. eoru' utrumq. erga et sup. eos delinquentes contra hujusmodi 
leges statuta jura ordinationes constitutiones sive eor. aliquod vel aliqua, qualia et 
que eisd. majori aldermanis et com'uni concilio pro tempore existen. sive majori 
parti eorun. (quoru. majorem et sex aldermanos p. t'pore existen. septem esse volu- 
mus) necessar. et requisit. p. observatione hujusmodi legum ordinationum et con- 
stitutionu. melius fore videbuntur facere ordinarie, limitare, et p'videre, ac eadem 
fines et amerciamenta, p. districtiones, seu alio modo quocunq. levare hac habere et 
retinere possint et valeant sibi et successoribus suis ad usum predict, civitatis Dun. 
et Framw. pred. absq. calumpnia vel impediment n'ri, vel successor, n'roru. vel 
alicujus, sive aliquor. officiariorum n'rorum aut successor, n'rorum. Que o'ia et 
sing' la leges ordinationes constitutiones jura et instituta sic ut prefertur faciend. 
observari volumus sub penis in eisd. content. Ita tamen quod leges ordinationes, 
constitutiones, et institutiones, hujusmodi pene punitiones, penalitates, et imprisona- 
menta non sint repugnantia et contraria legibus statutis, juribus sive consuetudinibus 
regni Anglie, Ac p. eor. quod volumus, quod prefat. major aldermani et eos bur- 
genses, inhabitantes civit. Dun. et Framw. pred. deinceps possint et valeant lauda- 
bilius et alacrius p. bono publico ejusd. civitat. et Framw. officia sua exercere et p. 
meliore manutentione statum et gradum suoru. pred. nos dictos majorem alderma- 
nos et com'unitatem amplioribus previlegiis locupletare statuentes, de ampliori gra. 
n'ra ac ex certa scientia et mero motu n'ris p. nobis, et successoribus n'ris quantu. 
in nobis est, damus et concedimus prefat. majori aldermanis et communitati civ. 
Dun. et Fr. et successoribus suis, quod ip'i et successores sui imp'petuum gaudeant, 



THE CITY OF DURHAM. 35 

" be molested in the enjoyment of such their liberties and free 
" customs, for want of publication, and other causes ; they have 

E 2 

habeant et teneant o'es et singulas curias, ferias, merchat. tolneta, piccagia, stallagia, 
pontagia, passagia, custumas, et o'es et sing'las lib'tates, franchesias, proficuna, com- 
moditates, emolumenta, et liberas consuetudines quibus ante hec t'pora burgenses 
civitat. Dun. et quibes ho'i'es lib'tatis et civ. Dun. et quibus balivus civit. Dun. et 
quibus aldermanus et burgenses infra civ. Dun. et Fram. et quibus aldermanus bur- 
genses et inhabitantes infra civ. Dun. et Framw. aut eoru aliqui, aut aliquis usus 
fuit habuit tenuit, aut gavisus est, vel usi fuerunt tenuerunt et gavisi fuerunt, vel 
habere tenere uti aut gaudere debuerunt seu debuit ratione sive pretextu aliquaru 
chartaru. vel 1'rarura patent, p. nos, vel p. aliquem predecessorum n'rorum ep'oru. 
Dunelm. quoquo modo ante hac fact, confirmat. vel concess. seu quocunq. alio 
legali modo, jure, consuetudine, r usu, prescriptione, sive titulo, ante hac usitata, ha- 
bita, seu consueta. Volumus etiam, et per presentes, p. nobis et successoribus n'ris, 
quantum in nobis est, eisdem majori, aldermanis, et communitatibus, et successori- 
bus suis, concedimus quod ipsi et successores sui imp'petuum habeant et teneant in- 
fra civitat. pred. una. curiam quolibet die Martis de quindecim in quindecim dies, 
coram senescallo suo ad hoc p. ip'os ordinand. et constituend. tenend. Et quod 
habeant potestatem audiendi et terminandi in ead. curia p. sen'c'lum suum pred* 
o'es et omnimodas, actiones sectas querelas et demandas reales, et personales ta. de 
debitisad quamcunq. sum'am attingentibus qua. de computis transgressionibus, de~ 
tentionibus, conventionibus, deceptionibus, actionibus, sup. casum et alijs contracti- 
bus materijs causis et demandis quibuscunq. et o'ia alia placita, p'sonalia, realia, e- 
mixta, infra civitat. Dun. et Framw. pred. libertat. limites, bundas, et precinct, eo 
rund. quoquomodo surgent sive emergent in curia pred. levand. et affirmand. et 
paries defendentes in eisd. querelis, sectis et demandis in pl'itum deducere p. sumo- 
nitiones, attachiaraenta et destrictiones, si partes ille sufficienter fuerint et si suffici- 
entes non fuerint, p. attachiamenta corporu. suorum et in o'ibus placitis sectis et que- 
rilis sic affirmatis et levatis judicia reddere, ac executiones inde facere secundum 
debitum legis formam. Et quod serventes ad clavam et uterq. eoru. vel alii ministri 
ejusd. curie debita authoritate fulciti facient et exequentur o'es et sing'las sum'oni- 
tiones districtiones attachiamenta et alia precepta ejusd. curie, ta. p. corpora qua. 
aliter infra dicta, civitat. Dun. et Framw. pred. secundu. exigent cujuscunq. 
warrant, precepti sive processus authoritate pred. ei vel eis direct, vel dirigend. Et 
quod major aldermani et com'unitas p. t'pore existen. p. pred. servientes ad clavas 
vel aliu. aut alios ministru. vel ministros curie predict, in o'ibus et singulis sectis 
querelis actionibus et demandis cora. sen'c'lo suo in ead. curia motis seu dependen. 
possint et valeant personas defendentes in eisd. sectis querelis actionibus et demandis 
in terris tenementis possessionibus et facultatibus suis infra jurisdictionem curie 
pred. minus sufficient, p. corpora sua attachiare, et eisd. personas prisone, infra civi- 
tat. pred. comittere, et in prisona detinere, prout lex postulat. et casus exiget et re- 
quiret. Et quod id major aldermani et com'unitas civ. Dun. et Framw. pred. ha- 
beant imp'petuum cognitionem o'iu. pi itorum ta. realiu. qua. p'sonaliu. et mixto- 
ru. et alior. pl'toru. quorumcunq. infra civitat. Dun. et Framw. pred. vel eoru. 
lib'tates limites vel precinctus emersur. et emergend. in quibuscunq. curiis n'ris in- 
fra comitat. palatinu. Dun. mot. motur. vel movend. in pred. curia cora. sen'c'lo 
suo p. t'pore existen. infra, civitat. pred. ut preferttir, tenend. audiend. etterminand. 
secundu. debita legis formam et p'ut casus exiget et requiret. Et quod sen'c'lus 
eorund. majoris aldermanorum et comunitatis p. t'pore existen. in curia pred. coram 
illo tenenda habeat potestatem puniendi et coercendi o'es et sing'los officiarios et 
ministros curie illius vel alias personas quascunq. delinquentes in dictam curiam ob. 
eorum contemptum negligentiam aut alia quecunq. delicta in dictam curiam p'pe- 
trata et p'petrand. p. rationabilem finem aut p. imprisonamentum corporis aut cor- 
porum suorum, aut aliquibus aliis ligittiuiis viis et modis quibuscunq. Concedimus 



36 TMI CITY OF DURHAM. 



" therefore humbly entreated us to express, in special words, 
" what the said liberties and free customs are, and to grant the 

insup. p. presentes p. nobis et successoribus n'ris prefat ; s major! aldermani et com . 
raunitati et successoribus suis o'ia et sing'la exitus, proficua, fines, amerciamenta, et 
alias emolumentas quecunq. in cur. pred. quocunq. modo contingentia ad eorura 
usus et opus p'pria imp'petuum. Et ulteria nos de uberiori gra. n'ra. p. nobis e 
successoribus n'ris concessimus, et p. pretentes concedimus quantum in nobis estt 
prefatis majori aldermanis et com'unitati ac successoribus suis, quod idem major. al<- 
dermaui et com'unitas et successores sui, imp'petuum habeant et teneant singulis, 
annis visum francii-pledgii, sive letam, cum o'ibusad hujusmodi visu. francii-pledgii 
p'tinentibus infra precinctum dicte civ. Dun. et Framw. pred. coram senescallo suo 
aut ejus sufficient, deputato suo secundum legem bis p. annu. viz. semel infra men- 
sem post Michaelis festum archangeli, et iterum infra mensem post festum Pasche 
tenenda. Et quod habeant emendationem assise panis et cervisie fract. et aliorum 
venalium quorumcunq. necnon correctionem et punitionem eorund. et cujuslibet 
inde parcell. ac totum et quicquid quod ad visum francii -pledgii p'tinet aut p'tinerc 
debeat aut poterit. Ac etiam quod pred. major aldermani et com'unitas et succes- 
Borcs sui habeant, omnia exitus et proficua, p'quisitiones, fines, penas, redemptiones, 
forisfacturas et amerciamenta in o'ibus et sing'lis hujusmodi visibus franc, pleg. 
sive leet forisfaciend. sive assidend. Et ulterius de uberiori gra. n'ra, p. nobis et 
successoribvis n'ris concessimus et p. presentes concedimus et hac present, charta 
n'ra confirmavimus p. nobis et successoribus n'ris prefat. majori aldermanis et 
com'unitat. et successoribus suis quod ipsi, et eorum successores imp/petuum ha- 
beant et teneant, apud diet, civit. Dun. unum mercatum, p. o'ibus bonis catallis et 
merchandizis emend, et vendend. et quicquid quod ad marcatum, pertinet sive perti- 
nere debet aut poterit infra, quamlibet septimanam singulis annis imp'petuum modo 
et forma sequen. viz. quolibet die Sabbathi ib'm tenend. imp'petuum. Et insup. 
quod idem major aldermani, et com'unitas, et successores sui, habeant et teneant 
imp'petuum tres ferias sive nundinas infra diet, civitat. Dunelm. p. o'ibus bonis ca- 
tallis et merchandizis emend, et vendend. et quicquid quod ad feriam sive nundinum 
p'tinet sive p'tinere debet vel poterit, viz. unam feriam sive nundinum pred. triu. 
feriarum sive nundinorum tenend. apud dicti, civitat. Dun. singulis annis p. duos 
dies, viz. in festo et Crastino S'ti Cuthb'ti in mense Martii, secundum vero feriarum 
sive nundinorum pred. triu. feriaru. sive nundinoru. tenend. apud pred. civitat. Dun. 
annuatim imp'petuum in festo S'ti Cuthberti in mense Septembris, actertiam feriar, 
sive nundinor pred. triu. feriar. sive nundinor. tenend. apud civitat. Dun. pred. 
an'uatim imp'petuum die Martis post festum Pentecoste vulgariter vocat, Whitsun- 
tewsday, una cum o'ibus feodis exitibus, tolnetis, piccagiis, pontagiis, et amercia- 
mentis, de hujusmodi mercatis, fei iis, sive nundinis p'venientibus, sive emergentibus, 
cum o'ibus lib'tatibus, et liberis consuetudinibus, proficuis, revertionibus, advantagis! 
com'oditatibus, et emoluments, ad hujusmodi ferias, sive nundinas et mercata, quo- 
vis modo p'tinentibus, sive spectantibus, dum tamen fcrie, sive nundine et mercatu. 
illud non sunt ad nocumentum aliorum viciniorum mercatorum, sive aliar. vicinaru! 
feriaru sive nundinaru. Preterea de abundantiore gra. n'ra volumus et p. presen- 
tes, p. nobis et successoribus n'ris quantum in nobis est, concedimus prefat. majori 
aldermanis et com'unitati civ. Dun. et Framw. pred. et successoribus suis imp'pe- 
tuum q'd quilibet major p. t'pore existen, sit et erit cl'icus mercati n'ri, et successo- 
rum n'rorum in civitat. Dun. et Framw. pred durante t'pore quo officium majoratus 
civit. Dun et Framw. pred occupaverit. Et quod habeat potestatem jurisdictionem, 
authoritatem, et lib'tatem, faciendi et exercendi o'ia et sing'la que ad officium cl'ici 
mercati, ib'm pertinent, ad faciend. et exequcnd. p'ut ceteri cl'ici mercati n'ri et 
predecessorum n'roru. infra comitat. palat. n'ru. habuerunt et habere contigerunt 
in futurum, una cum o'ibus exitibus et proficuis. perquisitionibus, finibus, penis, re- 
demptionibus, forisfacturis, amerciamentis, de o'ibus et aliquibus forisfaciend. vel 
assidend. Habend. gaudend. et tenend. o'ia et ting'la preantea concessa consuetu- 
dies lib'tates, previlegia, franchesias, jurisdictiones, curias, mercata, feriaa, officia, et 



THE CITY OF DURHAM. 37 

" same to the said burgesses and inhabitants and their succes- 
" sors, and to incorporate them," &c. By this charter he con- 

premissa quecunq. cum suis pertin. prefat. major! aldermanis et com'unitati civ. 
Dun. et Framw. pred. et successorib. suis ad usum eorund. majoris aldermanor. et 
cora'unitatis et successor, suor. imp'petuum. Reddend. et faciend. nobis et succes- 
ribus n'ris antiqua feoda [firma sive reddit. p. premissis seu antiqua inde parceila 
ante hac nobis reddita et soluta p. o'ibus aliis servitiis exactionib. et demandis (ex- 
cept, prseexceptis) p. inde nob. et successorib. n'ris reddend. solvend. seu faciend. 
Et ulterius volumus et firmiter precipimus p. nobis et successorib. n'ris q'd pred. 
major, aldermani, et com'unitas, et success, sui imp'petuu. o'ia preconcessa lib'tates, 
consuetudines, privilegia, franchesias, jurisdictiones, mercata, ferias, et cetera o'ia et 
sing'la premissa, cum suis pertinen. de cetero, libere, quiete, et sine impedimento 
n'roru. vel success, n'roru. aut aliquor. n'roru. ministror. oflSciarior. vel substitutor. 

uorumcunq. In cuj rei test, has 1'ras n'ras fieri fecimus patentes, Teste Tho. 
Calverley, arm. concellar. n'ro Dun. dat. apud manerium n'ru. de Awkeland-epi. 
in festo S'ti Matthei apostoli, a r'ni d'ne n're Elizabethe, Dei gra. Anglic, Francie, 
et Hib'nie, regine, fidei defensor, &c. quadragesimo quarto anno D'ni millessimo 
sexcentessimo secundo, et consecrationis n'ras, anno octavo. 

Confirmation of the preceding Charter by Xing James* 

JACOBUS, &c. omnibus ad quos presentes littere nostre patantes p'venerint, sa- 
lutem. Inspeximus litteras patentes Tobie e'pi Dunelm. factas in hec verba [the 
charter rehearsed.] Sciatis. q'd nos de gra. n'ra spi'ali ac ex certa scientia et mero 
xnotu n'ris, co'cessimus, co'firmavimus, ratificamus, et approbavimus, ac p. p'sentes. 
p. nob. he'dibus et succ. n'ris, co'cedimus, co'firmamus. ratificamus, et app'bamus 
p'fat. majori, aldermanis, et co'itat. civitat. Dun. et Framwelgatc p'dict. et succ. 
suis, quantu. in nobis est, om'es et omni'odas lib'tates, franches. jurisdicc'o'es, cus- 
tum. consuetud. privileg. jura, im'unitates, quietanc. ac cet'a onvia et sing'la in 
eisd. 1'ris pat. content, et specificat. necnon p'dict. 1'ras pat. p'd'ci e'pi, necno. om'ia 

1. lib'tates, franches. privilegia, im'unitat. et hereditamenta, que p'dict. major, al- 
dermani, et co'itas civitat. Dun. et Fram. p'dict. aut eor. aliquis, habere, tenere, uti, 
vel gaudere debuerunt vel debent, rac'o'e et p'textu aliquar. chartar. aut 1'rar. pat. 
per aliquem e'pum aut aliquos e'pos Dun. seu. p. aliqua. al. personam, sive aliquas 
alias personas ante hac fact, et confirmat. vel concess. seu quocu'q. alio legali modo, 
jure, clameo, seu titulot ante hac habit, et usitat. Ac etia. co'cedimus p fat. majori, 
aldermanis, et co'itat. civitat. Dun, et Framw. p'dict. et succ. suis, q'd ha'eant, te- 
neant, utantur, et gaudeant, ac plene h'ere, tenere, uti, et gaudere possint et valeant 
imp'p'm o'nes lib'tates et lib'as consuetudines, previleg. auctoritat. et quietanc. 
p'dict, se'd'm tenorem et eff'c'm d'car. 1'rar. pat. p'd'ci e'pi, sive occ'one vel impe- 
diment o n'ro he'dum vel succ. n'ror. quor'cumq. Nolentes q'd ijd. major, alderma- 
ni, et co'itat. civitat. Dun. et Framw. p'dict. eor. p'missor. sive eor. aliquis, p. nos 
vel he'd, n'ros justiciar - vicecom. eschaetor. aut al. ballivos seu ministros n'ros 
he'dum seu successor, n'ror. quor'cunq. inde occ'onentur, molestentur, vexentur, seu 
graventur, occ'onetur, molestetur, vexetur, gravetur, seu in aliquo p'turbetur. Vo- 
lentes, et p. p'sentes firmit. mandan. p. nob. h'd. et succ. n'ris, et p'cipientes tarn 
thesaurar. cancellar. et baronib's n'ris, sec'ij n'ri, he'dum vel succ. n'ror. quern at- 
tornat. et solicitor n'r gen'al p. te'pe existen. et eor. cu ib't o'ib's al. officiar. et mi- 
nistris n'ris quibuscu'q. q'd nee ipsi nee eor. aliquis sive aliqui aliquod bre. sive 
sum'onic'o'em de quo warranto seu aliquod aliu. bre. vel p'cess. n'r quecunq. versus 
p'dict. majorem, aldermanos, et co'itat. civ. Dun. et Framw. p'dict. vel eor. aliquem 
vel aliquos p. aliquib's causis, rebus, et materiis, ofien's, clameo, aut usurpac'o'e, aut 
eor. aliquis, p. ipsos sive eor. aliquos, debit, clamat. attempt, usitat. habit, usurpat. 
an. die co'fecc'o'is p'sentiu. p'sequantur aut continuantur, aut p'sequi aut continuari, 
saciant aut causabunt, seu eor. aliquis faciet et causabit. Volumus etia. ac p. p'sen- 
tes concedim. p'fat. majori, aldermanis, et co'itat. civ. Dun. et Framw. q'd h'eant et 
h'abunt has 1'ras n'ras pat. sub magno sigillo n'ro Anglie, debitomodo fact, et sigil- 
at. absq. fine, seu feodo magno, vel p'vo nob. in banap'if n'ro seu alibi, ad usum 



38 THE CITY OF DURHAM. 

stituted and granted, that the burgesses and inhabitants should 
be one body politic and corporate, consisting of a mayor, twelve 
aldermen, and commonalty, to continue for ever, by the name of 
mayor, aldermen, and commonalty of the city of Durham and 
Framwelgate, and by that title to plead and be impleaded in all 
courts of law within the county, with power to purchase lands 
not exceeding the yearly value of 100 marks, and to have a com- 
mon seal. Hugh Wright was therein appointed the first mayor, 
to continue in office till the 4th day of October then next follow- 
ing, and then to be an alderman for life, to supply the number 
of twelve without any new election. Robt. Sureties, Rich. 
Hutchinson, Edw. Wanles, Wm. Hall, Ja. Farales, Tho. Pear- 
son, John Wall, Edw. Taylor, Hugh Hutchinson, John Heigh- 
ington, John Pattinson, and Richard Wright, were appointed 
aldermen for life. They were directed to chuse yearly twenty- 
four discreet men out of their several twelve arts, mysteries, or 
trades, that is to say, two out of the mercers, grocers, haber- 
dashers, ironmongers, and salters ; two of the drapers and tay- 
lors, two of the skinners and glovers, two of the tanners, two of 
the weavers, two of the dyers and fullers, two of the cordwainers, 
two of the saddlers, two of the butchers, two of the smiths, two 
of the carpenters and joiners, two of the free masons and rough 
masons, inhabitants of the city and Framwelgate, which, with 
the mayor and aldermen, should form a common council for the 
said city, and, on the 4th day of October yearly, to chuse a 
mayor out of the body of the said aldermen, it being requisite to 
have seven aldermen in the majority of votes on that occasion, 
with a power for a like majority to deprive or suspend the mayor 
for any offence committed in his office ; and on such occasion, 
or on the death of the mayor, another chief magistrate should be 
in like manner elected, within eleven days from the time of such 
deprivation, to supply that year ; and within three days after 
such election, to be sworn before the bishop for the time being, 
or, on the See being vacant, or the bishop being in distant parts, 
then before the chancellor of the county palatine, or, on his ab- 

n'r'ra proinde quoquo modo redde'do, solvendo, seu faciend. Et q'd expressa men'co 
de Yero valore annuo aut de aliq al. valore c r titudine premissor. sive eor. alicujus 
aut de al. donis sive concessionibus per nos seu per aliqu. p'genitor. n'ror. p'fat. ma- 
jori, aldermanis, et co'itat civ. Dun. et Framw. an. haec t'pora facta in p'ntib's mi- 
nim o fact, existit aut aliquo statute, actu, ordinac'o'e, p'vis'o'e, p'clamac'o'e, sive 
restric'o'e in contrariu. inde ante hac h'it. fact. edit, ordinat. seu p'vis. aut aliqua 
al. re, causa, vel materia quacunq. in aliq non obstan. In cujus rei test, has 1'ras 
n'ras fieri fecimus patentes, teste meipso, ap. Westm. quinto deci'o die Feb. a'o reg- 
ni n'ri Anglie, Fr. et Hib. t'cio, et Scotie tricesimo nono. Per breve de privato 
sigillo Clapham. 



THE CITY OF DURHAM. 39 

sence out of the jurisdiction, before the aldermen and the twen- 
ty-four common-councilmen, or the major part of them. On the 
fifth day of October, yearly, the said mayor, aldermen, and com- 
mon council are directed to chuse two Serjeants. On the death 
of a common councilman, the mayor and aldermen, within 
twenty days, are to nominate one in his stead, out of the same 
trade ; and on the vacancy of an alderman within the same time, 
to nominate another out of the burgesses and inhabitants of the 
said city and Framwelgate. Any person elected mayor or al- 
derman, and refusing to take upon him the office, is made sub- 
ject to a fine not exceeding twenty pounds, to be levied on the 
the defaulter's goods and chattels, or committed to the gaol at 
Durham till the same is paid : and such fines to be applied to 
the public use of the city. They were also authorised to make 
laws, statutes, and ordinances, for the better government of the 
city, and the markets and fairs therein, and all officers, mysteries, 
artificers and inhabitants, and for regulating their several trades 
and mysteries ; and the due preservation and management of 
the lands and possessions of the said body corporate. And for 
the better maintenance, state, and dignity of the said mayor, al- 
dermen, and commonalty, the same charter grants them all 
courts, fairs, markets, tolls, perquisites, stallages, pontages, pas- 
sages, customs, and all and singular liberties, franchises, profits, 
commodities, emoluments, and free customs, which at any time 
before the date thereof the burgesses had enjoyed, or the bailiffs 
or aldermen of the city had held and used, by virtue of any pre- 
ceding charter, or by means of any custom or prescriptive right 
whatsoever ; and that the said mayor, aldermen, and commonal- 
ty, and their successors, should hold their court within the city, 
from fifteen days to fifteen days for ever, and therein, before 
their steward, to hear and determine all actions, suits, quarrels, and 
demands, which might arise within the said city and Framwel- 
gate ; the serjeants having power to serve process, and enter into 
the lands, possessions, or shops of she parties, to satisfy the exe- 
cutions or judgments of the said court, or to attach their bodies 
and commit them to prison : They were also empowered to take 
cognizance of all pleas, as well real as personal or mixed in the said 
court, and have equal authority within their precincts as any 
other courts of the county palatine of Durham had. The steward 
was also authorised to punish the officers and ministers of the 
court by fine or imprisonment ; and all such fines and profits 
were granted to the said mayor, aldermen, and commonalty; 
with view of frank-pledge, to be holden by their steward within 
the precincts of the city twice a year, within a month after 



40 THE CITY OF DURHAM. 

Michaelmas and Easter ; with power of settling the assize of 
bread and corn unground, and all other things for sale ; and in 
their leet, to punish offences ; and the profits of such courts were 
also thereby granted to them. Also a market weekly* on Sa- 
turday, and three yearly fairs on the dsys appointed by bishop 
Pilkington's charter,*hwith the profits and perquisites thereof; 
and every mayor for the time being was made clerk of the 
market, to enjoy the profits thereof. 

This charter received royal confirmation by letters patent 
dated at Westminster the 14th day of February 1605, though 
it is apprehended, the bishop was competent to make his charter 
without the aid of the crown, and therefore this badge of honour, 
after the gilding of its dignity was removed, was no better than 
a scab on the constitution and privileges of the palatinate. 

Notwithstanding the preceding charters, the bishops and their 
officers or lessees continued to take the tolls and dues of goods 
coming into the markets within the borough, and to appoint a 
bailiff of the borough, and clerk of the market. The record:}: 
given in the notes, was of so recent a date as the year 1627, after 
the time of granting bishop Matthew's charter; and the decree 
there stated was made in the year 1637. 

* Die Sabbathi. f See p. 39, 

f RICHARDUS (Neile) Dei gra. ep. Dun. &c. Sciatis, &c. dedimus et con- 
cessimus, ac p. presentes, pro nob, et successor, n'ris, damus et concedimus Radulpho 
Allanson ifficium ballivat. civitat. et burgi nostri Dunelm. c. habend. gaudend. et 
tenend et exercend officium pred. prefat Rad'o Allanson, p. se vel p. sufficient, de- 
putat. suum, sive p. deputat. suos sufficientes, pro et durante termino vitae SUEB na- 
turalis p'cipiend. anmiatim de firmar. exitum civitat. et burgi praed. et mercatus 
ibidem pro exercitio officii predict omnia et singula feod. et vadia eid. officio ab an- 
tiquo debita et consueta, una cum omnibus et singulis aliis regard, advantag. com- 
oditat. proficuis, preheminentiis.juribus, dignit. et consuetud. eid. officio qualitercunq. 
debit, consuet. et spectant. adeo plene, libere, et integre, et in tarn amplis modo et 
forma prout Laur'us Halye, Tho Gower, Rob'tus Raw, Ric'us Raw, Edw. Hutton, 
aut eorum aliqurs, &c. Sciatis etiam, &c. dedimus et concessimus eid. Rad'o Al- 
lanson officium cli d mercatus n'ri infra civitatem et burgum pred. et suburb, ejusd, 
habend. tenend. occupand. et exercend. officium predict, eidem Radulpho Allanson. 
pro et durante termino vita? sua? naturalis, p. se vel p. sufficient deputat. &c. perci- 
piend. in officio illo vadia et feoda eidem officio debit, et consuet. dantes et conce- 
dentes eid. Rad'o Allanson plenam tenore praesentium potestatem faciend. exequend. 
et exercend. omnia et singula quse ad pred. officium cl'ici mercatus pred. p'tinent. 
faciend. et exequend. Damus insup. o'ibus et singulis ball, tenentibus, burgensibus, 
et firmar. n'ris, tarn in pred. civitat. Dun. quam alibi, tenore praesentium, firmiter 
in mandatis aliosq. quor. interesse et contig. et rogamus q'd eid. Rad'o Allanson 
officia seperalia antedict. exequent. intendentes sint obedi'entes, consulentes, faventes, 
et auxiliantes prout decet. In cujus, &c. has 1'ras n'ras fieri fee. pat. test. Ric. 
Hutton, cancellar. 15 Q die Oct. 1627. 

Confirmation by Rich. Hunt, dean, and the chapter, &c. Dat. in domo n'ra ca- 
pitulari Dun. 23 die mensis Octobris, A. D. 1627. 

Pat. Joh. Stathom. de offic. ball. Dun. by bishop Dudley. Rot A. N 68. 
P'cipiend, annuatim in officio illo p. feod. suo, 66s. 8d, &e. Randal's MSS> 

Lib. K. p. 415. In oanc. Dunelm. sexto die Sep. A. D. 1637, int. Tho. Mann 



THE CITY OF DURHAM. ' 4?1 

The charter of bishop Matthew was kept in force until an or- 
der was made, on the 25th day of August 1684-, to the following 

VOL. it. F 

et al's, quer. et Marg. Forster et al's, def'ts. The bill was filed by lessees of the 
tolls, under a lease granted by Richard (Neile) bishop of Durham, dated 3d Oct. 5 
Cha. I. 1628, under the yearly rent of 20. The defendants alledged, that the corn 
of which the toll was demanded, was not sold in the market, but by private contract, 
and delivered at the buyer's house, who lived in the limits of the borough. The 
following decree was made ; " It appeared to this court, that scavadge corue is an 
ancient duty, time out of mind had and received by the bishop of Durham for the 
time being, his servants, tenants, or farmers of the said burrough markets or fayers, 
for all manner of corne and graine brought into the said markets and fayres, and 
otherwise sold in the said city of Durham. That the defendant Foster, besides 
other payments which were proved, did pay scavadge corne for 20 bushells of corne, 
which were brought to her in the week day, and not on the markett day, and made 
agreement for the said scavadge corne, and was to pay and did pay in lewe thereof 
for some quantities of the said corne after the rate of one penny for every bushell of 
corne and graine she bought in the said markett or was brought unto her; and it 
hen appeared, that the brnginge in of corne on the weeke day was to the manifest 
preventinge and hinderinge of the said compts. being farmers of the said scavadge 
corne, of the said duty and tolls of the said corne by ancient custom had and received 
as aforesaid ; and did much tend tothe in hancing of the prices of eorne and graine, 
and was and is contrary to a proclamation made in the sixth year of his maj. reigne 
that now is, which is yet in force : Whereupon, and to the end this court might be 
better informed touchinge such order and proceedings as is elsewhere in matters of 
this nature, &c. this court did thinke fittto respitt the final determination of the said 
differences until this sittinge, &c. Therefore, upon due consideration had of the 
proofs already made as aforesaid, and after perusal of divers suits and controversies 
which formerly had been moved and were then depending, as well at the common 
law, as also in his maj. course of the dutchie chamber, betwene Rich. Prance als 
Prince, plaintiff, and major Inglebie, deputy bailiff of Knaisbrough in the county ot 
York, and others, being the scavengers or gatherers of the markett sweepings or 
hand-law borne of Knaisbrough aforesaid, defendants, touchinge the takeinge and 
distreyringe of certain corne in sacks of the said Richard, which was brought to the 
market of Knaisbrough to be sold for a due of markett-sweepings or hand-lawe corne 
claimed by the defendants as scavengers or gatherers of the said duty for the time 
being, It is ordered and decreed by the Right Hon. Sir Rich. Hutton, knt. one of 
his maj. justices of the court of common pleas at Westminster, and chancellor of the 
county palatine of Durham and Sadberge, That if the said defendants or any other 
person or persons do at any time henceforth bringe into the said city or burrough, 
or suburbs of the same, any corae or graine of what nature or kind soever to be sold, 
or to be delivered to any person or persons upon any bargaine or contracte for the 
same, shall before such delivery thereof present the said corne or graine in the pub- 
lic markett place within the said city where such corne or graine is used or accus- 
tomed to be brought and sold in the markett days as aforesaid, and thereof shall give 
notice to the common officer or the gatherer or taker of such scavadge corne, and 
after such notice given, shall stay there a convenient tyme, to the end of the corn- 
pits, and others the farmers aforesaid, their servants or agents, may take their sca- 
vadge corne thereof. And because this court was informed, that the dish now used 
for the takinge of the said scavadge or scavell corne, did conteyne much more than 
the antient dish wherewith the said scavell or scavadge corne was usually taken and 
received did conteyne, and that the same is now reduced to the antient measure of 
a pinte dish, it is therefore likewise ordered by Mr Chancellor, that the said dish be- 
inge of the measure of a pinte only, shall be from henceforth continuallye, and that 
quantitie and proportion to be taken for every bushell of the corne and graine so 
sould on the said markett and fayre dayes, and of every bushel of corn brought and 



4-2 THE CITY OF DURHAM. 



purport : " Then ordered by us the major, aldermen, and com- 
" nion councill in the common council assembled, or the ma- 
" joritie of us ; That the charter of incorporation of this city be 
" forthwith surrendered under the common seal into the hands 
e; of the right honourable and right reverend father in God, 
" Nathaniel, lord bishop of Durham, to be disposed of as his 
" lordship pleaseth. In testimony whereof we have set our 
" hands, the day and year first above written. (Signed) Jos. 

delivered as aforesaid on the said weeke days, which are neither markett nor fay re 
dayes, shall conteyne onelie a pynte for every bushell, and so proprotionablie accord- 
ing to that rate and no more, the bushell heare conteyinge 12 gallons at the least ; 
and that no scavadge cornc shall he taken, challenged, or demanded of any thinge 
there brought to be sould whatsoever, other than of come, graine, oatemeale and salt 
onelie, and that not of any lesse quantitie thereof than of a bushell at the Iea3t, un- 
lesse the owner shall at any tyine bringe a bush ell or more to be sould, and of pur- 
pose to defraud and defeatc the said duty, shall divide the same to be sould by pecks 
or lesser quantities than a bushell. And it is further ordered by this courte, that 
the said pynte dish shall not be uppheaped, but by hand stroke and even stricken by 
the taker thereof ; and that the said dish shall be sealed and brought to the head 
burrow e cointe to be holden for the said citty and burrows of Durham next after the 
feast of St Michael the archangel, ycarlie to be viewed by the then mayor, steward, 
and clerkc of the said courts, and the suitors there present, to conteyne no more 
qriantitie than onelie a pynte as aforesaid. And this courte doth further order and 
set downe, that when it shall happen that the duty of scavadge corne hath been ta- 
ken one market day, and that the some be not sould but left mi sould bonafuie in 
the citty or suburbs, and kept until the next markett day, and then brought again to 
be sold the said next markett day; that no mre oscavadge corne shall be taken for 
the same corne for which the said duty of scavadge was paid. And whereas it was 
complained to this courte, that such as brought corne to be sold on the said markett 
or fayre days were oftentimes constreyned to stay until one or two of the clock in 
the afternoon before they might vent or sell the said corne, in regard the markett 
bell hath not been sooner runge, and this courte was then moved lo appoint a cer- 
tain hour for the most convenience and tyme the corne bell should be rung, the ra- 
ther for that as was alledged, sundrie persons in the winter season, whose dwellings 
are somewhat more remote from rhe said city, have been constreyned by the late 
ringing of the said bell to stay in the towne all night to their needless charge, and so 
to ryde home on the Sunday. Upon consideration had whereof, it is now likewise 
further ordered by the courte, that the said markett bell or corne bell shall for ever 
hereafter be runge at 12 o'clocke or near thereupon ; and if the said bell shall not 
'be run^e at twelve o'clock or near that tyme, that then it shall be lawfull for every 
one to sell their corn at their pleasure ; but that no corne shall be sould or carryed 
away before the hou're of twelve of the clocke, and scavadge duty thereof taken, un- 
der the danger and penaltie that the same was subject unto before, if it had been 
sould before the mavkett bell or corne bell had been runge. And lastJie, it is or- 
dered, that if the said dish shall not be sealed, or that the taker of the said scavadge 
corne doe not observe this order, that then such as diall Irave cause and be wronged, 
may from tyme to tyme compleync at the next sessions of peace to be held for the 
county of Durham : Provided always, that this decree or any thing therein conteyn- 
ed shall not extend to such only as buy corne at Newcastle and other places where 
toll of such corne is taken, and bring the same to their own houses in Durham, un- 
lesse that the same patties do afterwards bringe such theire corne to the said city to 
be there sold againe, in which case onely, it shall be lawfull for the takers of the 
said scavadge corne to take toll of the said corne also accordinge to the proportion 
aforesaid. Mann's MSS, 



THE CITY OF DURHAM. 43 



" Hutchinson major, Jo. Morland, Jo. Duck, Mar. Allenson, 
" Tho. Mascall, Jo. Hall, Cuthb. Hutchinson, Geo. Morland, 
" aldermen ; Wheatly, Dobson, and twenty-three others, com- 
" mon-councilmen."* In pursuance of this order, the charter 
above-mentioned was surrendered to bishop Crevve, who granted 
a new charter to the city, bearing date the 7th of March 1684 ; 
but on account of some want of form in the surrender of Mat- 
thew's charter, it was deemed illegal and ineffectual, and the 
body corporate continued to act under the former until the year 
176J, not enforcing any of the powers contained in Crowe's 
charter, and for that reason unnecessary to be set forth. 

It appears, that in late years several innovations were prac- 
tised in the city, by persons not free exercising their trades with- 
in the liberties, and apprentices gaining their freedom by illicit 
practices of the several companies, To prevent such abuses in 
future, the body corporate, at a public meeting, made bye-laws 
or ordinances, dated the 8th of November 1728, whereby they 
imposed a fine on all intruders, who should exercise their trades 
within the liberties, of twenty shillings a week, so long as they 
continued so to do;t and ordained, that the mayor should hold 

F 2 

* Pro nobis et successoribus n'ris, damus, concedimus, assignavimus, et sursura 
reddimus prenobili viro necnon Rev'ndus in Christo, &c, D'no d'no Nathaniel, Dei 
gra. ep'o Dunelm. et Sadberg. et succ'oribus snis imp'p'tam p'd'cas I'ras patentes 
sic ut prefertur nobis f 'cas, &c. q'm o'ia et singula, jura lib'tates, privilegia, franches, 
consuetudines, commoditates, et jurisdic'o'es quecunq. &c Test. 25 Aug. I 684. 

t At a meeting of the mayor, aldermen, and commonalty of the city of Durham* 
and borough of Framwelgate, held at the Guild-hall or Tollbooth within the said 
city the 8th day of Nov. 1728, the several orders and bye-laws herein-after-mentioned, 
were then made by the said mayor, aldermen, and commonalty, to be observed and 
kept by them and by the wardens, stewards, and freemen of the several respective 
companies, fraternities, or fellowships in or belonging to the said city or borough. 

WHEREAS divers persons have of late used and exercised trades within this 
city of Durham and borough of Framwellgate, which trades by immemorial custom 
have belonged to some of the respective companies or fraternities within the said 
city or burrough, withont being members or free of such company or fraternity 
there, to which the said trades respectively belonged, or of any other company or 
fraternity there, contrary to the said immemorial custom there used, avid much to the 
prejudice of the said corporation and the other members of such companies or fra- 
ternities ! iFor the remedying thereof, it is this day ordered by the mayor, aldermen 
and commonalty of this corporation, That if any person or persons not being free of 
the company or fraternity within this corporation to which his their trade or trades 
hath or have usually belonged, in case the same so belonged to any, or if not, of some 
other company or fraternity within this corporation, he or they so offending shall 
forfeit to the mayor, aldermen, and commonalty of this corporation for the time being, 
Twenty Shillings for every week he or they so offending shall use and exercise such 
trade, to be by them recovered by action or distress of the goods of the offender or 
offenders respectively, which said respective sums shall be paid by the mayor for the 
time being into the chest or hutch, for the use of the said mayor, aldermen, and com- 
monalty, to defray any public expence that may happen to the said corporation and 
fraternities. 



THE CITY OF DURHAM. 



four guild days in the year, at three of which, every person 
claiming title to his freedom should be called before he should 

And it is likewise ordered by the said mayor, aldermen, and commonalty, that 
every person that shall hereafter be admitted a freemen into any company within the 
said city and burrough, shall pay the sum of One Shilling to the mayor of Durham 
for the time being, over and above the usual fees, which shilling shall be paid into 
the hutch for the purposes aforesaid. 

And for the effectual preventing all persons being made free, that have not a right 
or title to their freedom in the said city, and for the better regulating the same, the 
mayor, one or.more alderman or aldermen of the said city, and the wardens and 
stewards of the said several and respective companies for the time being, shall from 
henceforth meet at the Guild-hall or Tollbooth in the said city four times in every 
year, viz. on the first Monday after Martinmas, the first Monday after Candlemas, 
the first Monday after May-day, and the first Monday after Lammas ; and every 
person that is hereafter to be admitted a freeman of the said city and burrough of 
Framwelgate, shall be then and there called at three of the said several meetings, 
before such his admittance to be a freeman, and to be approved of by the said mayor, 
and one or more alderman or aldermen, and the wardens and stewards of the several 
and respective company or fraternity for the time being, whereof he or they is or are 
to be made and admitted a freeman or freemen respectively, or the majority of the 
said mayor, alderman or aldermen, and wardens of such respective company then 
and there present. 

And that any warden, steward, or other freeman, that will make any person a 
freeman of the said city, or of any company therein, contrary to this order or bye-law, 
shall respectively forfeit and pay the sum of Thirty Pounds to the mayor, aldermen, 
and commonalty of the said city of Durham, to be by them recovered by action or 
distress of the offenders goods or otherwise, and to be paid into the hutch for the 
purposes aforesaid. 

And that the town-clerk of the said city for the time being shall attend at such 
the said meetings, to call every such person or persons as is or are to be admitted a 
freeman or freemen, and enter his or their names as a freeman in a book to be kept 
for that purpose, for which every person so admitted a freeman shall pay him six- 
pence as his fee for his doing thereof, over and above his usual fee. 

And it is further ordered, that if any freeman of any company whatsoever within 
the said city or burrough of Framwelgate shall take an apprentice after a clandestine 
manner, only with intent or design to make him free of the said city and burrough, 
and doth not actually teach his said apprentice the art and mystery of which he the 
said master is free, but shall turn or assign him over, or suffer him to go to some 
other master not freeman of the same company, or to some other place out of the 
said city or burrough, or the liberties thereof, to learn his trade, and only serve his 
master at certain times, he the said master shall forfeit the sum of Thirty Pounds to 
and for the use and benefit of the said mayor, aldermen, and commonalty for the 
purposes aforesaid, and to be recovered as aforesaid ; and that any apprentice so 
bound, and who shall not serve his apprenticeship fairly and regularly with a free- 
man of the same company to which he is bound as an apprentice in the city of Dur- 
or burreugh of Framwelgate, or be legally assigned over to a trading freeman of 
such fraternity inhabiting within the said city or suburbs, not to be entitled to his 
freedom in the said city of Durham or burrough of Framwelgate upon any pre- 
tence whatsoever, 

And in case the mayor of the said city for the time being shall swear such ap- 
prentice or any other person that hath not actually served seven years as an appren- 
tice with a freeman of one of the said companies or fraternities belonging or used in 
the said city or shall not be justly entitled to the same by ancient usage or custom 
within the said city, shall forfeit and pay the sum of Thirty Pounds into the said 
hutch for the benefit and purpose aforesaid ; which said sum of thirty pounds shall 
be recovered by the succeeding mayor, or the aldermen and commonalty, by action 



THE CITY OF DURHAM. 45 

be admitted, under a penalty against the warden of the trade in 
which any breach of the rule was committed of 301. And also 
to prevent taking apprentices who should not manually serve 
seven years to his master, under a penalty of 301. against the 
master, and a like penalty of 301. against the mayor for swearing 
in any illegal person. 

Notwithstanding such prudent regulations, several efforts were 
made to evade the ordinances, and in the year 1756 an experi- 
mental freedom was created to try the legality of the bye-laws or 
rules last mentioned, which brought on a legal discussion, in the 
result, confirming them as consistent with law and the constitu- 
tion of the incorporation.* 

or distress of the goods of the offender, or otherwise. In witness whereof the 
mayor, aldermen, and commonalty aforesaid have respectively hereunto subscribed 
their names the day and year within written. (Signed) Hen. Forster, mayor; Ha. 
Gelson, Cuth. Bainbridge, Tho. Dunn, Rich. Stonehewer, John Gray, Fr. Cornforth, 
Mich. Brabin, Rob. Smith, Giles Rain, Rob. Wharton, Geo. Dale, Geo. Bowes, 
John Lambe, aldermen ; Wm. Richardson, Ra. Bainbridge, Mich. Brown, Tho. 
Mellmerby, Tho. Sheffield, Tho. Mason, John White, Jos. Woodmass, Wm Arrow- 
smith, John Potts, Cuth. Bainbridge, Edw. Davison, Oliver Paxton, Tho. Thompson, 
Rob. Parkin, Sam. Corner, Nath. Robinson, Jos. Busby, Tho, Craggs, Rob. White, 
Wm. Botcherby, Rob. Dixon, John Horsman, John Sikes, Philip Hazard, common- 
council-men. The bye-laws were also assented to by twenty- four common-council 
men afterwards elected. 

* Green against mayor of Durham. King's bench, Hilary Term, 30 Geo. II. 
26th Jan. 17J7. Burrow's Reports, vol. i. p. 127. 

This case was set down in the crown paper as a special verdict, and was so called 
and argued by one council on each side, in the same manner as if it had been a spe- 
cial verdict : But it was only a verdict on six several traverses to the return of a 
mandamus (on 9 Ann, c. 20) directed to the mayor of Durham, commanding him to 
swear and admit Robert Green into the place and office of a freeman of the company 
or fraternity of freemasons of the city of Durham. 

The right set up by Robert Green was, his having been duly elected and admitted 
a freeman of the company ; but the objection to his being sworn by the mayor was, 
" that he had not conformed to certain bye-laws particularly specified in the return 
and found by the verdict." 

The return was, That Durham is, and for time immemorial hath been, an ancient 
city, &c. and also that a power is given by a charter of Tobias, then bishop of Dur- 
ham, in 44 Eliz. confirmed by James I. to -the mayor, aldermen, and common coun- 
cil for the time being, or the major part of them, (of whom the mayor, and six of the 
aldermen to be seven) to make bye-laws in the stead, for, and in the name of the 
whole corporate body of the city of Durham and Framwelgate. 

Then the return set forth, that certain bye-laws were duly made by the mayor, 
aldermen, and commonalty, in due manner met and assembled at the Guild-hall, &c. 
on the 8th Nov. 1728. and particularly specifies three several bye-laws as having been 
then and there made by them, for calling the names at four meetings, and the penal 
laws against the wardens and the mayor, &c Vide bye-laws on the preceding page. 

All which said several ordinances and bye-laws, the return alledges to have, ever 
since the making thereof, been constantly observed and kept, c. and to be still in 
their full force and virtue, &c. 

That Robert Green was not elected and admitted a freeman of the said company 
of free-masons, rough-masons, wallers, paviors, plasterers, slaters, and bricklayers. 

That Green was never duly called to be a freeman of the said city of Durham and 



46 THE CITY OF DURHAM. 



The hydra of innovation gained strength by the loss of the 
above project ; for, upon the arguments in the King's Bench, 

Framwelgate, nor ever approved of by the mayor, or one or more alderman or alder- 
men of the city of Durham and Framwelgate aforesaid, and the wardens and stew- 
ards of the said company or fraternity of free-masons, &c. before his supposed elec- 
tion and admission to be a freeman of the said company or fraternity, according to 
the first ordinance or bye-law above-mentioned, as he ought to have been. 

And for these reasons, the said mayor has not sworn and admitted him, nor ad- 
ministered the oaths usually taken for the due execution of the said office. 

Upon this return, Green takes six several traverses, on which issues were tried. 
1st issue, That the mayor, aldermen, and commonalty, did not duly meet, &c. 8th 
Nov. 1728, in order to make bye-laws, &c. modo etjorma, c. 2d issue, That they 
did not in due manner make the first bye-law mentioned in the return. 3d issue, 
That they did not in due manner u?ake the second bye-law mentioned in the return. 
4th issue, The like denial of their making the third bye-law mentioned in the return. 
5th issue, That he was elected and admitted a freeman of the said company or fra- 
ternity of free-masons, &c. as in the writ is alledged. 6th issue, That he was duly 
called to be a freeman of the said city of Durham and Framwelgate aforesaid, and 
was approved by the wardens and stewards of the said company to be a freeman of 
the said city of Durham and Framwelgate. 

The jury find, as to the 1st issue, That upon the 8th of Nov. 1728, the then 
mayor, aldermen, and commonalty did in due manner meet and assemble at, &c. in 
order, &c. in such manner and form as the said mayor by his return hath alledged. 
As to the 2d issue, That the said mayor, aldermen, and commonalty did then and 
there in due manner make the first bye-law in the return mentioned, in such man- 
lier and form as is therein by the said mayor alledged. As to the third isssue, That 
they did in due manner make the second bye-law in manner and form, &c. As to 
the 4th issue, The like finding with regard to the third bye-law. As to the 5th 
issue, That Green was elected and admitted a freeman as in and by the writ is 
alledged ; but that before such his admittance, he was not called at any meeting 
held according to the said bye-law in the said second issue mentioned nor approved 
of by the then mayor, and one or more alderman or aldermen, and warden and 
stewards of the said company or fraternity, nor by a majority of them according to 
the said bye-law. As to the Gth issue. That the said Robert Green was not duly 
called to be a freeman of the said city of Durham and Framwelgate, and approved 
of by the wardens and stewards of the said company or fraternity of free-masons, 
rough-masons, c. to be a freeman of the said city of Durham and Framwe Igate. 

This case was argued on the 24th of Nov. 1756, by Mr Ambler for the plaintiff 
and Mr Clayton for the defendant ; when the court ordered it to stand for ju dgment 
to the then next term : And lord Mansfield then delivered the resolution of the 
court The general question depends upon Robert Green's right to the franchise 
which he claims The objection to his right arises from his not being qualified ac- 
cording to the bye-law If the bye-law is good and binding, and he appears to be 
an object of it, he is certainly not qualified, and the mayor has returned a sufficient 
reason for not admitting and swearing him All the objections which have been 
made, therefore, tend to set aside the bye -law ; or if the bye-law be good, to she\y 
that Green's case is not within it. It has been argued, that the bye-iaw is void 
upon two grounds ; 1st, for want of authority to make it; 2dly, from the subject 
matter. As to the first, the objection is, that the bye-laws are returned to be made 
by the mayor, aldermen, and commonalty ; whereas the pow er is given to the mayor, 
aldermen, and twenty-four common-council, or the major part of them, of whom the 
mayor and six aldermen should be seven. ANSWER. The power to the select 
number is, " To make bye-laws in the stead, for, and in the name of the whole cor- 
porate body." These bye-laws might be made by the select number, acting in the 
name of the whole incorporate body, and must be so intended : For the jury find, 
" That they did in due manner meet, and in due manner make the bye- laws." 



THE CITY OF DURHAM. 47 

discovery was obtained how to overset the whole of the above 
prudential rule, and let in a shoal of freemen, who might, at the 

As to the second, That the bye-law is unreasonable and void : For it is likenenei 
to the case of the taylors of Ipswich, (2. Co, 53.) a bye-law that none should wort 
at his trade until he had presented himself to the company of taylors, and provec 
that he had served seven years as an apprentice, and admitted by them to be a suf- 
ficient workman. ANSW. In that case the bye-law was ^against law ; it was against 
the 5th of Eliz. and a further restraint than that act made. But this bye-law is not 
against any law ; it is not a restraint upon trade, but seems a reasonable regulation, 
to prevent persons being unduly made free, who are not entitled by birth-right, 
service, or purchase ; it provides a method for previously examining into the right 
of those who claim to be made free. OBJECTION. That there is no method to 
compel a meeting of the mayor, alderman or aldermen, and the wardens and stewards 
of companies. ANSW. This objection extends equally to all corporate assemblies, 
by custom, charter, or bye-law ; but there is a known method by Mandamus. 
OBJECT. If a person has a right to be admitted a freeman, yet unless he be ap- 
proved of by the mayor, &c. he is not to be admitted ; and there is no method to 
compel them to approve. ANSW. If the mayor, &c. disapprove without a cause, 
a Mandamus will lie, suggesting the qualification and right of the person claiming 
to be a freeman, and commanding the mayor to approve and admit. But supposing 
the bye-law good, it has been argued that this case is not within it. 1st OBJECT. 
The Mandamus is to admit Green to the freedom of the company ; the bye-law 
relates only to the freedom of the city. ANSW. It appears by the second bye-law 
to be the same thing. 2d OBJECT. The bye-law prohibits indeed, the election of 
persons not called and approved, &c. and subjects disobedience to a penalty; but 
does not make the election void, and cannot transfer the right of election vested in 
the electors to the mayor. ANSW. These objections are founded upon a misun- 
derstanding of the bye-law, and a misconception of the nature of the case. The 
writ recites " That Green had been duly elected and admitted a freeman," and there- 
fore commands the mayor to swear him The mayor returns the bye-law, &c. and 
that before Green's supposed election and admittance (by the company; to be a free- 
man, " he was not called and approved by the mayor, &c." And the fact found by 
the jury is, " That he was elected and admitted by the company, but not called and 
approved by the mayor, c." So that it appears upon this record, that the intent of 
the bye-law was, that no person should be elected and admitted a freeman of the 
company, unless he was called at the assembly and approved, &c. which was a previous 
act to be clone, before the company could elect him, the way to prevent the abuse 
" That the company unduly admitted persons to their freedom." The second bye- 
law inflicts a penalty on the company who should make any one free without the 
previous calling and approbation. And the third bye- law inflicts a penalty on the 
mayor who should swear any such person. The stating the fact answers both the 
objections . For the bye-law makes the appearance and approbation a necessary qua- 
lification to the being made free by the company ; and a restraint upon them, to elect 
any one to his freedom, before his conforming to the bye-law : And the right of 
election is not transferred to the mayor, but remains where it was. OBJECT. It 
is not returned, that there was any assembly, at which Green might appear to be 
called. ANSW. It shall be intended : And if in fact there was no assembly, 
Green might have pleaded it excuse. OBJECT. He might have been elected and 
admitted before the making this bye .law. ANS. Tho jury have found, " That he 
was elected and admitted ; but that he was not called and approved pursuant to the 
bye-law : " So that the bye-law was in being at the time of his election. 

It is to be observed, that it is not stated, what is the method of the company's 
electing freemen, nor any thing in the charter concerning it. For aught that appears, 
the first bye-law may be agreeable to the ancient usage, and revived by this bye-law, 
and enforced by penalties. But supposing it to be introductory of a previous qua- 



4$ THE CITY OF DURHAM. 

election of members of parliament, exercise the freedom of voting, 
and thereby depreciate the privileges of the burgesses who had 
acquired their franchise under the powers of the chartered in- 
corporation. This project was played off in the year 1761, and 
threw the whole city into confusion, creating in the event, such 
a division in the body, that they refused to join in the exercise 
of the powers of their charter; so that, in the year 1768, the 
number of members prescribed for carrying into execution the 
several powers of the charter, was lost, and the charter itself be- 
came dissolved and obsolete. In Mr Man's MSS.* is the follow- 
ing account of the transactions in 1761 : " The bye-law of 1728 
" was found to be a good and wholesome law, and answered the 
" end for which it was made, by preventing persons being made 
" free who had no right to their freedom ; and other orders and 
" bye-laws were afterwards made, tending to the same purpose, 
" which were constantly observed until the 13th of October 
" 1761, some short time after the death of Henry Lambton, 
" esq ; one of the members in parliament for the city, when the 
" the mayor, with some of the aldermen and common council, made 
" an order or bye-law to repeal or make void the former, there- 
" by altering the manner of admitting freemen prescribed in such 
" former orders or bye-laws. 

" On the 2d of November 1761, at a meeting of some of the 
" aldermen and common council at the toll-booth, under this 
new order or bye-law, the town clerk,f by their order, in an 
< arbitrary and hasty manner, did call over the names of several 
persons to the number of 264, or thereabouts, living in differ- 
ent counties, in order to be admitted freemen of the said city, 
<c though no way entitled thereunto, several wardens of different 
companies, and freemen then and there objecting and protest- 
ino* against the same ; but no notice was taken of such objec- 
tions and protests ; and at the election of a member for the 
city, in the place of Mr Lambton, which began on the 7th of 
<e December 1761, 215 persons so called on the 2d of Novem- 
ber, were admitted to poll as freemen of the city." 

lification, it seems to be reasonable, and well calculated to prevent improper persons, 
not entitled, being made free. It is much more reasonable than the custom of Lon- 
don, " that no broad cloth should be sold but what was brought to Blackwell-Hall 
to be examined," 5. Co. 62. Yet this custom was held good, because it was to 
prevent fraud. 

We are of opinion, that none of the objections are well founded, and, therefore, 
that the return ought to be allowed. Consequently, as this was the case of traver- 
sing the return to a Mandamus, pursuant to the stat. 9 .Ann, cap. 20. the rule was 
taken, That judgment be entered for the defendant* 

* Penes G. Allan. f Mr Robt Robinson, attorney at law. 



THE CITY OF DURHAM. 49 

The candidates in this election were, Ralph Gowland, esq; of 
Durham, then major of the Durham regiment of militia, antl 
major-general John Lambton, esq ; of Harraton, in the county 
of Durham. The poll continued six days : At the conclusion 
the numbers &tood, for Mr Gowland (including the 215 occa- 
sional freemen) 775, for Mr Lambton 752 ; so that Mr Gow- 
land was returned elected with a majority of 23 votes : But upon 
a petition by Mr Lambton, the house of commons, on Tuesday 
the llth of May 1762, resolved, that the 215 made or pretend- 
ed to be made free, had no right to vote, and that general 
Lambton was duly elected ; on a division of the house, 88 
against 72. 

The members of the incorporated body being thrown into 
distraction by this strange transaction, as was observed before, 
suffered their charter to be vacated.* Under this predicament 

VOL. n. G 

** The following petition was presented to bishop Trevor jor a new charter ; but he 
died before the matter was proceeded in, and the petition was renewed 

to his successor. 

To the honourable and right reverend father in God, Richard, lord bishop o 
Durham. 

The humble petition of all the several companies and fraternities of and within 
the city of Durham, 

Humbly sheweth, 

THAT by charter formerly granted by Tobias Matthew, bishop of Durham, in the 
reign of the late queen Elizabeth, the commonalty of the city of Durham were in- 
corporated, and were made to consist of three integral parts, viz. a mayor, twelve al- 
dermen, and twenty-four common councilmen, who by the said charter were invested 
with divers powers and authorities, and particularly a power was by the said charter 
given to the said mayor and aldermen, and their successors, solely of choosing and 
electing two such persons from each of the twelve trades therein named, as they 
should think proper, who were to be of the common council of the said city, together 
and along with the said mayor and aldermen. 

And your petitioners further humbly shew unto your lordship, that by the death 
and amotion of several of the aldermen who acted under the said charter, the persons 
now being or taking upon themselves to be aldermen of the said city, are so reduced 
in point of number, as to be disabled from doing many corporate acts in cases where 
a particular number of the said mayor and aldermen is by the said charter required, 
by which means the said charter in some instances is rendered totally of no use. 

And your petitioners further humbly shew unto your lordship, that they have been 
informed that a petition has already been presented, or is intended to be presented to 
your lordship for a new charter, subscribed only by a small part of the body of free- 
men of and belonging to the said city, many of whom not knowing the purport or 
meaning thereof, were induced to sign the same, but being since more right y in- 
formed, are now very desirous that the said petition should be retracted and suppressed 

And your petitioners humbly submit to your lordship, that the power given to the 
mayor and aldermen of the said city by the said old charter, solely of choosing the 
common council, is contrary to the mode of electing in such cases given by almost 
every other charter in the kingdom, is very unreasonable, has all along been attended 
with great inconveniences, and particularly of late years, the same having been pro- 
ductive of many mischiefs, expensive law-suits, and other very disagreeable incidents, 



50 THE CITY OF DUEHAM. 

the city remained until the 2d of October 1780, when John 
Egerton, then bishop of Durham was graciously pleased to 
grant a new charter as follows. 

" John by the grace of God, bishop of Durham. Whereas 
the city of Durham in the county palatine of Durham is, and for 
time whereof the memory of man is not to the contrary, hath 
been, an ancient city, and the burgesses, men and inhabitants of 
the said city, together with the men and inhabitants of Fram- 

and is of great detriment and oppression to the said several companies and fraterni- 
ties, who by such means are not represented by two such persons of their respective 
companies as they would respectively desire to appoint. 

That the said old charter directs the mayor and aldermen, and their successors for 
the time being, or the major part of them, should yearly on the third day of October 
assign, name and choose twenty-four persons of the most discreet and upright men, 
(that is to say) two out of those twelve several arts, meetings, or faculties following 
(to wit) two out of the mercers, grocers, haberdashers, ironmongers and salters, two 
out of the drapers and taylors, two out of the skinners and glovers, two out of the 
tanners, two out of the weavers, two out of the dyers and fullers, two out of the 
cordwainers, two out of the saddlers, two out of the butchers, two out of the smiths, 
two out of the carpenters and joiners, and two out of the free masons and rough ma- 
sons, to be of the common council of the said city. 

That there are within the said city three other trades or mysteries, viz. the gold- 
smiths, plumbers, pewterers, potters, glaziers, and painters, the curriers and tallow 
chandlers, the barbers and ropers, |who apprehend they have been injured in their 
liberties and privileges as freemen of the said city, and are desirous of being repre- 
sentedas a part of the collective body of the said corporation, equally and in the same 
manner with the other twelve trades above-mentioned. 

To the intent therefore that your petitioners (who are by much the greater part of 
the freemen residing in or near the said city) and their successors freemen of all the 
several companies and fraternities aforesaid, may be equally and properly represent- 
ed by two of the most able and discreet persons out of each of the said companies or 
fraternities respectively, your petitioners, with all humble submission and deference 
to your lordship, pray, that your lordship will be pleased, in the framing of such new 
charter, to order and direct, that such able and discreet persons as aforesaid may be 
annually elected and sent, as well from each of the said three trades or mysteries last 
above-mentioned, as from the twelve trades in the said old charter named, who may 
be of the common council of the said city, together and along with the said mayor 
and aldermen for the time being : And that the right of electing such common 
councilmen may be vested in the several companies from which they shall respec- 
tively be sent ; and which mode and right of electing the said common council, your 
petitioners humbly hope, your lordship will not only approve of, but grant, as being 
not only reasonable, but also consistent with and agreeable to almost every other 
corporation charter in the kingdom. 

And your petitioners further humbly hope and pray, that your lordship at the 
time of granting such new charter will, according to your wonted and well known 
goodness, be pleased to appoint such persons to be the new mayor, aldermen, and 
common councilmen as shall, by a majority of the said several companies and frater- 
nities at a general meeting of the same, be recommended to your lordship as the 
most praper persons to fill such offices. 

And that such further and other wholesome and salutary laws and ordinances 
may in the said new charter be contained, as will have a manifest tendency to, and 
promote within the said city, good rule and government, and a due administration 
of public justice, and as to your lordship shall seem meet. 

And your petitioners, as in duty bound, shall ever pray, &c. 



THE CITY OF DURHAM. 51 

welgate near the said city in the county aforesaid, have had and 
enjoyed divers rights, liberties, jurisdictions, franchises and pri- 
vileges, as well by prescription as by reason of divers charters, 
grants and confirmations, by divers of our predecessors bishops 
of Durham : And whereas our predecessor TOBIAS, by the 
grace of God (formerly bishop of Durham) by his letters patent 
under the seal of the said county palatine, bearing date the 
twenty-first day of September, in the forty-fourth year of the 
reign of the lady Elizabeth, late queen of England, and in the 
year of our Lord one thousand six hundred and two, did will, 
ordain, constitute and grant for him and his successors, as much 
as in him laid, that the burgesses, men and inhabitants of the 
said city of Durham and Framwelgate, should be one body po- 
litic and incorporate, of a mayor, twelve aldermen and commo- 
nalty, to endure for ever : And further, that the said burgesses, 
men and inhabitants, for ever, should be one body politic and 
corporate, in deed, fact and name, by the name of the mayor al- 
dermen and commonalty of the city of Durham and Framwelgate ; 
and did for himself and his successors, really and fully, as much 
as in him lay, thereby erect, make, ordain, constitute and create 
them one body corporate and politic, by the name of the mayor, 
aldermen, and commonalty of the city of Durham and Framwel- 
gatc, and did decree and declare them and their successors for 
ever to be incorporated, united and established one body corpo- 
rate and politic, by the name of the mayor, aldermen and commo- 
nalty of the city of Durham and Framwelgate, and did decree and 
declare them and their successors for ever to be incorporated, 
united and established one body, and that they should be for 
ever named and called the mayor, aldermen and commonalty of 
the city of Durham and Framwelgale, and by that name have 
perpetual succession, and should be for all future times persons 
able and capable in law, and that by the same name they might 
plead and be impleaded, and under the aforesaid name might 
prosecute, defend or answer in and for all and all manner of 
causes, complaints, actions and suits, real, personal and mixed, 
of what nature or kind soever, before whatsoever judges, as well 
spiritual as temporal, in all courts of him and his successors 
within the county palatine of Durham and Sadberge, and as 
much as in him laid elsewhere in all other courts and places 
whatsoever : And that the said mayor, aldermen and commo- 
nalty of the city of Durham and Framwelgate, and the succes- 
sors of them, should be able and capable in law to purchase and 
receive lands, tenements, annuities, rents, services, advovvsons, 

G 2 



52 THE CITY OF DURHAM. 



patronage of churches, emoluments, possessions and heredita- 
ments ; and also all goods and chattels whatsoever, as well spi- 
ritual as temporal, of any person or persons whomsoever, who 
would give, grant, leave, sell or assign the same unto them, so 
that the said lands, tenements, hereditaments, and premises by 
them to be taken and purchased, should not exceed the yearly 
value of one hundred marks ; to hold to them and their succes- 
sors according to the states and forms of the same gifts, grants, 
bequests, sales, and purchases, without the molestation or dis- 
turbance of him or his successors, or of his or their officers or 
ministers whatsoever, saving always to the said late bishop and 
his successors, all fines, forfeitures, and royal rights, by or by 
reason of the same gifts, bequests, sales, or purchases, howsoever 
arising and happening to him and his successors, due and of 
right accustomed. 

And that the said mayor, aldermen and commonalty of the 
city of Durham and Framwelgate, should have one common seal 
to seal all and singular writings, charters, and instruments, any 
way touching or concerning them the mayor, aldermen and 
commonalty and their successors, or their lands, tenements, he- 
reditaments, goods, chattels, or public affairs. 

And for the better execution of the premises, he did thereby 
assign, make, constitute and name Hugh Wright, one of the bur- 
gesses and inhabitants within the aforesaid city of Durham, to 
be the Jlrst and modern mayor of the said city of Durham and 
Framwelgate, and afterwards to be one of the aldermen of the 
said city of Durham and Framwelgate ; and did also thereby 
assign, name and constitute, for him and his successors, twelve 
other burgesses and inhabitants within the said city of Durham 
and Framwelgate, in the said charterer letters patent named, to 
be aldermen of the said city of Durham and Framwelgate. 

And did thereby also will and grant, that the mayor and al- 
dermen of the said city of Durham and Framwelgate, and their 
successors for the time being for ever, should yearly chuse and 
name twenty-four other discreet men out of the twelve several 
arts, mysteries, or faculties, and in the manner therein mention- 
ed, who should be resident, commorant, and inhabitant within 
the said city of Durham and Framwelgate : And that the mayor, 
aldermen, and twenty-four other discreet men of the said city, 
should be the common council of the said city of Durham and 
Framwelgate : And by the said letters patent, did give and grant 
powers to chuse future mayors, aldermen and common council, 
together with divers other powers, liberties, privileges, franchises, 
immunities, and jurisdictions. 



THE CITY OF DURHAM. 53 

And whereas it appears to us, that by several disputes, events 
and accidents, no mayor, aldermen, or twenty-four, so to be 
elected as aforesaid, can in future be elected, under or by virtue 
of the powers and authorities given and granted by the said let- 
ters patent or otherwise ; and the said corporation of the said 
city of Durham and Framwelgate is incapable of doing any cor- 
porate act, and is dissolved, or in great danger of being dissolved. 

And whereas divers of the burgesses of the said city of Dur- 
ham and Framwelgate, as well on the behalf of themselves, as all 
other the burgesses thereof, have most humbly besought us to 
shew and extend our grace and favour to the said city of Dur- 
ham and Framwelgate, and that it would please us to revive the 
said corporation, and to restore to them their ancient franchises, 
privileges and immunities, by granting them a new charter of 
incorporation, with such powers and authorities as we should 
think proper, and with provisions to prevent, as far as may be, 
divers inconveniences and dangers, which the said corporation, 
from the form of the said charter or letters patent of the said late 
bishop of Durham, were exposed to; and we being willing to 
give relief in the premisses, as far as in us lieth, KNOW YE THERE- 
FORE,* that we of our special grace, certain knowledge, and 

* Extracts from the report of James Wallace, esq ; the bishop's attorney-general, 
dated 1th Aug. 1775. 

" The title of some of the aldermen was disputed upon the grounds of their not 
being inhabitants within Durham or Framwelgate at the time of their elections, 
which is a qualification required by the charter, and had been disregarded in the 
election of aldermen in a variety of instances at different periods. Informations in 
the nature of quo warranto were filed in the court of King's Bench at Westminster, 
against the earl of Darlington, the hon. Frederick Vane, John Tempest, esq ; Ra. 
Bowser, and John Hopper, who were removed from their office of aldermen either 
by judgment of ouster or disclaimer, and the hon. Gilbert Vane resigned his office. 

" The election of the common-council on the 3d of Oct. 1766, was attended with 
disorder and confusion, and mistakes and irregularities were then committed in the 
choice of some of them, which in their consequences affected the title of Mr John 
Lambe in the office of mayor, to which he was elected the day following ; and on an 
information in the nature of quo warranto, judgment was obtained against him for 
exercising the office of mayor under that election, and from that time there has not 
been any legal mayor. 

" By the means before stated, and by the natural deaths of Mr Tho. Hornsby and 
Mr Jos. Gray, the aldermen are reduced to four, namely, Mr Tho. Dunn residing 
in Elvet, Mr Tho. Bainbridge residing in Stockton, Mr John Drake Bainbridge re- 
siding at Durham, Mr Benj. Whitaker residing in America and not likely to return, 
and who before his departure signified his intention to resign his office of alderman. 

" In this situation, the powers and authorities vested in the corporation are sus- 
pended ; and as the charter made a greater number of aldermen than at present ex- 
ist essential to the election of a mayor and aldermen, I conceive it is impossible for 
the corporation to preserve or continue itself by the operation of the stat. of llth 
Geo. I. or by any other means. 

" The expediency of a charter to revive the corporation, is admitted by the peti- 
tioners, and cannot be denied or doubted. The members of the corporation, and 
those entitled to the privileges and advantages of it, are not the only persons inter- 



THE CITY OF DURHAM. 



mere motion, have willed, granted, ordained, constituted, con- 
firmed and declared, and by these presents do, for us and our 
successors, as far as in us licth, will, grant, ordain, constitute, 
confirm and declare, 

That the burgesses, men and inhabitants of the said city of 
Durham and Framwelgate, by whatsoever name or names of in- 
corporation they have heretofore been incorporated, may, and 
shall for ever be, one body corporate and politic, of a mayor, 
twelve aldermen and commonalty: And the said burgesses for 
ever hereafter may and shall be one body corporate and politic, 

ested ; many charities are in the disposal of the corporation, the objects of which too 
sensibly find the benevolent designs of the founders prevented and frustrated. There 
are besides, public reasons, which render a new charter immediately necessary. 

" I conceive your lordship is possessed of jura regalia within the county palatine 
of Durham, subject to the prohibitions and restrictions contained in the stat. of 27th 
Hen. VIII. ch. 24. and that the sole power of granting a new charter to the city of 
Durham and Framwelgate is vested in your lordship. 

" It appears to me, that the old charter should be the basis of the new one, and to 
be departed from in those particular provisions only, which have in experience been 
found ; or probably may be inconvenient to the corporation. 

" By the old charter, the residence of an alderman within the city of Durham at 
the time of his election, is an indispensible qualification, &c. If the circuit of the 
city of Durham and Framwelgate shall not be sufficient for the supply of proper 
persons to fill the office of aldermen, your lordship may in the new charter enlarge 
the bounds, f or provide that a certain number of aldermen shall be inhabitants, &c." 

f 1 Strange, 177. That the king by letters patent may enlarge the boundaries of 
a city. 

The ceremony of granting the charter at Durham-castle 2d Oct. 1780. 

The members of the new corporation being assembled in the breakfast room, were 
introduced by his lordship's secretary The several petitions were presented, and the 
solicitor delivered the draft of the new charter, approved by the bishop's attorney- 
general The exemplification, laid on a velvet cushion, was signed and sealed ; then 
delivered to the mayor by the bishop, wishing prosperity to the new corporation ; the 
mayor received it on bended knee The corporation thus created, the mayor, alder- 
men, recorder, and town-clerk put on their gowns, and the mayor kneeling took the 
oath, after him the aldermen, &c. and the bishop attested the entry of the oaths in 
the corporation book The corporation, &c. were then regaled, the freemen were en- 
tertained in the great hall, the fountains in the great court ran with liquor for the 
populace The mayor delivered the charter to the recorder, and he to the town- 
clerk, when they moved in procession ; the constables, wardens of the companies, 
the flags and banners of the companies, city music, drums, Serjeants at mace, the 
town-clerk's clerk with the corporation book, &c. the town-clerk bearing the charter 
on a velvet cushion, on his left the secretary with the petitions, on his right the soli- 
citor with the draft of the charter ; the mayor, the recorder, aldermen two and two, 
inferior officers, &c. Having arrived at the town-hall amidst the acclamations of 
the people, the mayor received the charter, and in a short speech congratulated the 
citizens, who answered with repeated huzzas The secretary then addressed the ci- 
tizens, expressing his lordship's joy in restoring to them their ancient franchises and 
privileges, which was received with loud acclamations ; after which, the charter was 
read aloud, and the recorder made a short oration on the duty of the citizen, which 
was received with the like expressions of popular applause. After the members of 
the corporation had signed the book and deposited the charter, the rest of the day 
was devoted to festivity and rejoicing. 



THE CITY OF DURHAM. 55 

in deed, fact and name, by the name of the mayor, aldermen and 
commonalty of the city of Durham and Framwelgate. 

And we also by these presents for us and our successors, as 
much as in us lieth, really and fully erect, make, ordain, create, 
constitute, confirm and declare them to be one body corporate 
and politic, in deed, fact and name, by the name of mayor, al- 
dermen and commonalty of the city of Durham and Framwel- 
gate, and that by the same name they hall have perpetual 
succession ; and that they, by the name of mayor, aldermen and 
commonalty of the city of Durham and Framwelgate, may and 
shall be at all times hereafter persons able and capable in law to 
have, purchase, receive, and possess lands, tenements, annuities, 
rents, services, advowsons, patronage of churches, emoluments, 
possessions and hereditaments, and also goods and chattels, as 
well spiritual as temporal, from whatever person or persons who 
will give, grant, bequeath, sell or assign unto them, so that the 
said lands, tenements, hereditaments and premisses by them to 
be taken or acquired, do not exceed the annual value of one 
hundred marks : To hold to them and their successors, accord- 
ing to the condition and form of such gift, bequest, sale, or ac- 
quisitions, without the molestation or interruption of us or our 
successors, or any of our officers or ministers whatsoever ; saving 
always to us and our successors, all fines, forfeitures, royalties 
and rights, which by reason of such gifts, bequests, sales or ac- 
quisitions, shall be issuing or happening to us and our successors, 
due and of right accustomed : And also to give, grant, release, 
assign and dispose of lands, tenements, and hereditaments, goods 
and chattels, and to do and execute all other acts and things by 
the name aforesaid. 

And that they by the same name of the mayor, aldermen and 
commonalty of the city of Durham and Framwelgate, may, and 
shall be able to plead and be impleaded, and to prosecute, defend 
or answer, as well in the several courts within the county pala- 
tine of Durham and Sadberge, as in all other courts and places, 
and before whatever judges, justices, and other officers, as well 
spiritual as temporal, in all causes, complaints, actions and suits. 
Teal, personal and mixed, of whatsoever nature, kind or sort. 

And that they the said mayor, aldermen and commonalty of 
the said city of Durham and Framwelgate, and their successors, 
may and shall for ever hereafter have a common seal, wherewith 
shall be sealed all and singular writings, charters and instru- 
ments, in any manner touching or concerning them the said 
mayor, aldermen and commonalty and their successors, or their 
lands, tenements, hereditaments, goods, chattels, or public af- 



THE CITY OP DURHAM. 



fairs : And that it shall and may be lawful for the said mayor, 
aldermen and commonalty and their successors, from time to 
time, at their pleasure, to break, alter and renew* the said seal, 
as to them shall seem meet and expedient. 

And we do further will, and by these presents for us and our 
successors grant, that for ever hereafter, one of the most honest 
and discreet aldermen of the said city of Durham and Framwel- 
gate, to be nominaVl and elected in the manner hereafter in 
these presents mentioned, shall be, and shall be called the mayor 
of the said city of Durham and Framwelgate, and that in like 
manner there shall and may be twelve other honest and discreet 
burgesses, to be elected in the manner hereafter in these presents 
mentioned, besides the mayor of the city aforesaid for the time 
being, who shall be, and shall be called aldermen of the said city 
of Durham and Framwelgate ; and that there shall and may be 
hereafter a common council of the said city of Durham and Fram- 
welgate, to consist of the mayor and aldermen of the said city 
of Durham and Framwelgate, for the time being, and twenty-four 
other persons, to be elected in the manner hereinafter in these 
presents mentioned ; and for the better execution of our will and 
grant in this behalf, we have appointed, named, created, consti- 
tuted and made, and by these presents for us and our successors, 
do appoint, name, create, constitute and make, our trusty and 
well-beloved John Drake Bainbridge\ to be ihejirst and modern 

* The corporation have not had a new seal cut in pursuance of their new charter, 
but in all corporate acts use the old seal. 

f MAYORS of the City of DURHAM. 

First mayor, Hugh Wright, ap. by 1616 

bishop Tobias 21st Sept, 1602 Geo. Walton 1617 

James Farrales elected 4th Oct. 1602 
Edw. Wanles, dyer 1603 

Tho. Pearson 1604 

[An order was made on the 4th of Oct. 
concerning such persons as were then in- 
fected with the plague within the city and 
borough. ] 

Wm Hall, draper 1605 

Robt. Suerties, mercer 1606 

Hugh Hutchinson, tanner 1607 

John Pattinson, mercer 1608 

Edw. Wanles, dyer 1609 

Hugh Wright, gent. 27th Feb. 1611 1610 
Wm Hall, 14th Aug. 1612, called 

to account 1611 

1612 

1613 

1614 

1615 



[The market cross was erected this year 
at the expence of Tho. Emerson, of 
Black- Friars, London. And on the 18th 
of April, K. James came in state to the 
city; and was received by the mayor, 
who made an elegant speech on the oc- 
casion, and presented his Majesty with a 
gold cup : at the same time an appren- 
tice spoke some verses before the king.] 

Wm Hall, oc. 30th Aug. 1619 1618 
Wm Hall, oc. again 10th April, 

1620 1619 

Tim. Comyn, oc. 17th Sept. 1721 162O 

[In his mayorality, a petition was pre- 
sented for the city sending two burgesses 
to parliament] 

Nich. Whitfield, oc. 14th Sept. 1622 1621 
Wm Hall, oc. 12th Jan. 1622 1622 



THE CITY OF DURHAM. 



57 



mayor of the said city of Durham and Framwelgate, willing, that 
the said John Drake Bainbridge may and shall be, and shall 
VOL. ir. H 



Hugh Wright, oc. 12th March. 

John Heighlngton 

John Lambtoune 



1623 
1624 
1625 
1626 



An entry is made in the corporation 
books of this year, that a large silver seal 
was given to the corporation in 1606, by 
Matthew Pattisonne, the son of a burgess. 

Wrn Philipson, esq ; oc. 1 2th Sept. 

1628 1627 

John Pattison, 4th Oct. 1628 
Rich. Whitfield, oc. 27th Oct. and 

18th Dec. 1628 

John Heighington 1629 

Nich- Whitfield (died soon after) 1630 
Wm Hall sue. Whitfield, & oc. llth 

Sept. 1632 1631 

Hugh Wright 1632 

Hugh Walton 1633 

Hugh Walton again. His acct. 1 9th 

Jan. 1635 1634 

Ra. Allison, oc. 19th Jan. 1635 1635 
John Heighington, 4th Oct. 1636 

John Heighington again 1637 

Tho. Cook, 4th Oct. 1638. Tho. 



Mann, 28th Jan 
Hugh Walton, 4th Oct. 

Hugh Walton again 

Chr. Cookson, Oct. 

Ra. Allison. 

John Hall 

John Hall 

John Airson, mercer, 4th Oct. 
John Airson again 

John Hall, draper 

John Hall, again 

John Walton, mercer 
Anth. Dale, 24th April 1654 
John Airson, mercer 

Anth. Bayles, esq. 

John Hall, draper, oc. 10th Oct. 
Hen. Rowell, mercer, oc. Dec. 
Anth. Smith 

Rich. Lee 

Rowell 

Anth. Dale, 4th Oct. - 

Stephen Thompson 



1638 
1639 
1640 
1641 
1642 
1643 
1644 
1645 
1646 
1647 
1648 
1649 
1650 
1651 
1652 
1653 
1654 
1655 
1656 

1657 
1658 
1659 
1660 
1661 
1662 



Matt. Bailes, oc. 18th Feb. 1663 

1664 

John Stokeld 1665 

Tho. Mascall, oc. 18th Dec. 1666 

Hen. Wanle- ,dyer, oc. 3d Feb. 1667 

1668 
1669 
1670 

Geo. Hodgson 1671 

1672 
Stephen Thompson, oc. 28th April, 

1674 1673 

(This year an act passed for the city to 
send burgesses to parliament ) 

John Hall, oc. 18th Nov. 1674 1674 

1675 
John Morland, esq ; oc. 25th Sept. 

1677 1676 
Tho. Stokeld, esqj oc. 13th& 28th 

Sept. 1678 1677 

Wm Blakiston, esq ; oc. 1 9th Oct. 

1678 1678 
Cuth. Hutchinson, 17th Sept. 1679 
John Duck, esq; oc. 1st Nov. 1680 
John Hutchinson, oc. 26th Oct. 1681 

1682 
John Hutchinson, oc. 24th April, 

1684 1683 
Marmaduke Allison, 15th Sept. 

1685 1684 
Again 21st Apr. 1686 1685 
Robt. Delaval, esq ; 23d Nov. 1686 

1687 

Robt. Delaval 1688 

1689 

Geo. Morland, mercer, 29th July 169O 

Wm Greveson, 4th Oct. 1691 

Wheatley Dobson, grocer 1692 

Wheatley Dobson again 1693 

Wm Hodgson 1694 

John Gordon 1695 

Wheatley Dobson 1696 

Wheatley Dobson re-elected 1697 

Cuth. Hutchinson, esq. 1698 

Edw. Fairless 1699 

Anth. Hall 1700 

Geo. Tweddle 1701 

Cuth. Hutchinson 1702 

Edw. Fairless 1703 

Ra. Paxton 1704 

Ath. Hall 1705 

Ra. Paxton -. 1706 



58 



THE CITY OF DURHAM. 



continue in the 


office of 


mayor of the said city from the date of 


these presents s 


until Monday next after the feast of St Michael 


John Gray 


__ 


1707 


Rich. Wharton 1760 


Rich. Mascall 





1708 


John Drake Bainbridge 1761 


Ra. Bainbridge 





1709 


Tho. Hornsby 1762 


Anth. Hall 


_.. 


1710 


Jos. Gray 1763 


Fran. Cornforth 





1711 


John Hopper 1764 


Mich. Brabin 





" 1712 


Ra. Bowser 1765 


Rich. Mascall 





1715 


John Lamb -^- 1766 


John Hutchinson 





1714 


John Drake Bainbridge 1767 


Mich. Brabin 





1714 


Tho. Hornsby 1768 


John Gray 





1715 


John Lainb 1769 


Fran. Cornforth 





1716 


John Drake Bainbridge 1770 


Ra. Bainbridge 





1717 


[1780, 2d Oct. the new charter grant- 


Mich. Brabin 





1718 


ed by bishop Egerton.] 


Robt. Smith 





1719 


John Drake Bainbridge, 2d Oct. 1780 


Giles Rain 





1720 


Ralph Bowser, 1st Oct. 1781 


Hen. Forster 





1721 


Richard Shuttleworth, 30th Sept. 1782 


John Gray 





1722 


William Kirton, 6th Oct. 1783 


Fran. Cornforth 





1723 


Thomas Dunn, 4th Oct. 1784 


Ra. Bainbridge 





1724 


John Starforth, 3d Oct. 1785 


Mich. Brabin 





1725 


Christopher Hopper, 2d Oct. 1786 


Robt. Smith 





1726 


John Potts, 1st Oct. 1787 


Giles Rain 





1727 


John James, 6th Oct. 1788 


Hen. Forster 





1728 


George Finch, 5th Oct. 1789 


Robt. Wharton 





1729 


Thomas Chipchase, 4th Oct. 1790 


Geo. Dale 





1730 


William Shields, 3d Oct. 1791 


John Lamb 





1731 


Gilbert Starforth, 1st Oct. 1792 


Geo. Bowes 





1732 


Thomas Austin, 30th Sept. 1793 


Robt. Smith 





1735 


John Drake Bainbridge, 6th Oct. 1794 


Hen. Forster 





1734 


William Kirton, 5th Oct. 1795 


John Gray 





1735 


John Starforth, 3rd Oct. 1796 


Robt Wharton 


. 


1736 


John Hutchinson, 2d Oct. 1797 


Geo. Dale 





1737 


Christopher Hopper, 1st Oct. re- 


Geo. Bowes 





1738 


fusing to accept the office was 


John Aisley 





1739 


fined 10 guineas, and on the 


Cuth. Bainbridge 





1740 


day following 1 798 


Tho. Dunn 


__ 


1741 


John Potts was elected 2d Oct. 1798 


Win Forster 





1742 


John James, 50th Sept. 1799 


Tho. Bainbridge 





1743 


George Finch, 6th Oct. 1800 


Hilton Shaw 


__ 


1744 


Martin Punn, 5th Oct. 1801 


Tho. Hornsby 





1745 


Thomas Chipehase the younger 4th 


Cuth. Bainbridge 


. 


1746 


Oct. 1802 


Tho. Dunn 





1747 


Thomas Chipchase, 3rd Oct 1803 


Wm Forster 





1748 


John Dixon, 1st Oct. 1804 


Tho. Bainbridge 





1749 


William Shields, 30th Sept. 1805 


Tho. Hornsby 





1750 


Thomas ustin, 6th Oct. 1 806 


Jos. Gray 





1751 


Thomas Dunn, 5th Oct 1807 


Sir Robt. Eden, bart. 


1752 


John Hutchinson, 3rd Oct. 1808 


Geo. Bowes, esq. 





1753 


Martin Dunn, 2d Oct. 1809 


John Richardson 





1754 


Thomas Wilkinson, 1st Oct. 1810 


Earl of Darlington 





1755 


Thomas Chipchase the younger, 


John Lamb 





1756 


30th Sept. 1811 


Lord Barnard 





1757 


John Dixon, 5th Oct. 1812 


Cuth. Smith 


, . 


1758 


r lhornas Dunn, 4th Oct. 1813 


Cuth, Bainbridge 





1759 


Thomas Wilkinson, 3rd Oct. 1614 



THE CITY OF DURHAM. 



the archangel now next ensuing, and from thence until one 
other of the aldermen of the said city shall be in due manner 
elected and sworn into that office, if the said John Drake Bain- 
bridge shall so long live. 

We have also appointed, named, elected, constituted and 
made, and by these presents for us and our successors, do ap- 
point, name, create, constitute and make the said John Drake 
Bainbridge, and our trusty and well-beloved: Thomas Bainbridge, 
Ralph Bowser, Joseph Airey, Richard Shuttlevoorth, John Hall, 
John Lowther, William Kirton, John Starforih, Thomas Dunn, 
Christopher Hopper, John Potts, and William Archer, to be the 
first and modern aldermen of the city of Durham and Framwel- 
gate, to continue in the same office during their natural lives, 
unles in the mean time they or any or either of them for mis- 
government or misbehaviour therein, or for any other reasonable 
cause, shall be amoved from their said offices. 

WE ALSO will, ordain and constitute, and for us and our suc- 
cessors by these presents grant to the said mayor, aldermen and 
commonalty of the said city of Durham and Framwelgate, and 
their successors, as far as in us lieth, that the mayor and alder- 
men of the said city of Durham and Framwelgate, or the major 
part of them (of whom the mayor for the time being shall be 
one) shall and may, as soon as conveniently may be after the 
date of these presents, meet and assemble together in the Guild- 
hall or Tollbooth of the said city, or in any other convenient 
place within the said city ; and being so assembled, shall and do 
then nominate and elect twenty-four other persons of the most 
discreet and honest men residing and inhabiting within the said 
city of Durham and Framwelgate, that is to say, two of each of 
the separate arts, mysteries, and faculties following, to wit, two 
out of the mercers, grocers, haberdashers, ironmongers, and sailers 
two out of the drapers and taylors two out of the skinners and 
glovers two out of the tanners two out of the weavers two 
out of the fullers and dyers two out of the cordwainers two 
out of the sadlers two out of the butchers two out of the smiths 
two out of the carpenters and joiners and two out of the free 
masons and rough masons, residing and inhabiting within the said 
city of Durham and Framwelgate, or within the several parishes 
of St Nicholas, St Mary-le-bow, and St Mary the Less, or the 

H 2 



The Rev. Edw. Pavison, 2d Oct. 1815 

Thomas Austin, 30th Sept. 1816 

John Hutchinson, 6th Oct. 1817 

Edward Shipperdson, 5th Oct. 1818 

Richard Kirton, 4th Oct. 1819 



Robert Waugh, 2d Oct. 1820 

Thomas Chipchase the younger, 1 st 

Oct. 1821 

John Wetherell Hays, 30th Sept. 1822 



60 



THE CITY OF DURHAM. 



extra parochial places of or belonging to the castle of Durham, 
and the college or cathedral church of Durham, or the parochial 

MEMBERS of PARLIAMENT for the City were called at the same time with 
those for the County of Durham, viz. 



Oliver Cromwell, usurper. 

3d Sept. 1654 Anth. Smith, mercer. 
Buried in St Nicholas' church 13th Mar. 
1682. P. Reg. 

17th Sept. 1656. Arrth. Smith. He 
with Capt. Tho. Lilburn,knt.forthecoun- 
ty,andsome others, (members) -wereking- 
lings, or voted that the crown and title of 
king should be offered to Oliv. Cromwell. 
Richard Cromwell, usurper. 

27th Jan. 1658. No burgesses for 
the city of Durham were summoned to 
this parliament. 

Charles II. 

1675. 27th parl. at Westm. Ra. 
Cole, of Brancepeth-castle, bart. and 
John Parkhurst, of Catesby, in North- 
amptonshire, esq. Elected March 27, 
1675. 

Candidates. N polled 

Ra. Cole, of Brancepeth-castle, bt. 408 
John Parkhurst, of Catesby, esq. 379 
Wm Tempest, of Old Durham, esq, 59 1 
John Turner, Serjeant at law 187 

Wm Christian, esq. 171 

N. B. Upon a scrutiny it was found 
that twelve of Mr Tempest's votes were 
not freemen, and that three of his voters 
had polled twice over. 

The single number of freemen that 
voted at the above election was 838, viz. 

Mercers and grocers 53 

Drapers, taylors 94 

Skinners, glovers 89 

Tanners 40 

Weavers 72 

Dyers, fullers 33 

Cordwainers 100 

Saddlers 25 

Butchers 67 

Smiths 43 

Carpenters, joiners, and coopers, 78 

Masons 62 

Goldsmiths S2 

Curriers, Chandlers 21 

Barbers, ropers - 25 

Cutlers 4 

Feltmakers 10 

Plumbers, glaziers 

Potters, painters, and braziers 

In all 838 



J678. Wm Tempest, of Old Dur- 
ham, esq ; and Ra. Cole, of Brancepetb- 
castle, bart. Elected 20th Feb. 1678. 

Candidates. N polled. 

Wm Tempest, esq. 571 

Ra. Cole, bart. 515 

W.Blakistou, esq; may or of Durham 456 

1679. Wm Blakiston, esq ; mayor of 
Durham, and Rich. Lloyd. Elected 10th 
Sept. 1679. 

Candidates. N polled. 

Win Blakiston, esq. 5 14 

Rich. Lloyd 506 

Wm Tempest, of Old Durham, esq. 504 

1680 Rich. Lloyd, and Win Temp- 
est, of Old Durham, esq. Elected 10th 
Feb. 1680, sans poll. 

James II. 

1685, 1st parl. at Westm. Rich. 
Lloyd, and Cha. Montague. Elected 
12th March, 1684, sans poll. 

1688. Geo. Morland, and Hen, Lid- 
del. Elected 18th Dec. 1688. 

Candidates. N polled. 

Geo. Morland 599 

Hen. Liddell 407 

Wm Tempest, of Old Durham, esq. 278 

1688 Wm Tempest, of Old Dur- 
ham, esq ; and Geo. Morland. Elected 
3d Mar. 1688, sans poll. 

William III. 

1695. 7th parl. at Westm. Cha. 
Montague, and Hen. Liddell. Elected 
30th Oct. 1695, sans poll. 

1698, 24th Aug. 10th parl. a. Westm. 
Cha. Montague, and Tho. Conyers. 
Elected 28th July, 1698. 

Candidates. N polled. 

Cha. Montague 657 

Tho, Conyers 424 

Hen. Liddell 408 

1700, 10th Feb. 12th parl. at Westm. 
Cha. Montague, and Tho. Conyers. 

1701, 30th Dec. 13th parl. at Westm. 
Cha. Montague, and Hen. Bellasis, of 
Brancepeth-castle, knt. 

Queen Anne 

1702, 20th Aug. 1st parl. at Westm, 
Hen. Bellasis, of Brancepeth-castle, 
knt. and Tho. Conyers. 

1705, 14th Jan. 4th parl. at Westm. 



THE CITY OF DURHAM. 



61 



chapelry of St Margaret, the borough of Framwelgate, or the 
several parishes of St Oswald and St Giles,* near the said city 

The election continued four days, viz. 
26th, 27th, 28th, and 29th January. 

Cha. Talbot, esq; being appointed 
lord chancellor 29th Nov. 1733, and 5th 
Dec. following created baron Talbot of 
Hensol, a new writ was ordered. 

Hen. Lambton, of Lambton-hall, esq 
was elected 29th April, 1734. 

1741, 14th parl. at Westm. John 
Shafto, of Whitby, esq ; and Hen. Lamb - 
ton, of Lambton-hall, esq. Elected 8th 
May, 1741, sans poll. 

Mr Shafto dying at London 3d April, 
1742, John Tempest, of Winyard, esqj 
was elected 23d April, 1742. 

1747, 21st parliam. at Westm. Hen. 
Lambton, of Lambton-hall, esq; and 
John Tempest, of Winyard, esq. Elected 
30th June, 1747. 

Candidates. N polled 

Hen. Lambton, esq. 737 

John Tempest, esq. 581 

Rbt. Wharton, esq ; aid. of Durham 538 

The election continued two days, viz. 
29th and 50th of Jan. 1747. 

1754, 27th parliam. at Westm. Hen. 
Lambton, of Lambton-hall, esq ; and 
John Tempest, of Winyard, esq. Elect- 
ed 15th April, 1754, sans poll. 
George III. 

1761, 1 parl. at Westm. John Temp- 
est, of Winyard, esq ; and Hen. Lamb- 
ton, of Lambton-hall, esq. Elected 6th 
April, 1761. 

Candidates. N p polled 

John Tempest, esq. 705 

Hen. Lambton, esq. 546 

Ra. Gowland, of Durham, esq. 526 

Number of voters 1050. Increase of 
freemen since 1675, 212 in 86 years. 

The election lasted three days, viz. 
30th and 31st Mar. and 1st Apr. 1761. 
A scrutiny was demanded by Mr Gow- 
land, and granted by Mr Rich. Wharton, 
mayor ; but on Monday (6th Apr. ; Mr 
Gowland declined the scrutiny. 

Mr Lambton died suddenly in his 
chariot 26th June, 1761. 

Ralph Gowland, of Durham, esq ; was 
elected 12th Dec. 1761. 



Sir Hen. Bellasis, of Brancepeth-castle, 
knt. and Tho. Conyers.f 

1708, 18th Nov. 7th parl. at Westm. 
Tho. Conyers, and James Nicholson. 
Both voted for the impeachment of Dr. 
Hen. Sacheverel. 

1710, 25th Nov. 9th parl. at Westm. 
Tho. Conyers, and Hen. Bellasis. 
The number of votes exceeding lOOO. 

Candidates. Thomas Conyers, Hen- 
ry Bellasis, James Nicholson. 

Bellasis was appointed a commissioner 
in Spain, and a new writ was ordered 
15th Feb. 1712. 
Robt. Shafto, of Whitworth, esq ; elected 

Candidates. Robt. Shafto, Anth. 
Hall, alderman of Durham. 

1713, 12th Nov. liithparLat Westm. 
Tho. Conyers, and Geo. Baker, of 
Crooke, esq. 

George I. 

1714, 17th Mar. 1st parl. at Westm. 
Tho. Conyers, and Geo. Baker, of 
Crooke, esq. 

Mr Baker died at Bristol 1st June, 
and was buried in Lanchester church 1 2th 
June, 1723. 

1722, 10th May, 7th parl. at Westm. 
Tho. Conyers, and Cha. Talbot. Elect- 
ed 27th Mar. 1722. 

Candidates. N polled. 

Cha. Talbot 860 

Tho. Conyers 654 

James Montague 563 

Mr Talbot, the son of Wm Talbot bi- 
shop of Durham, 23d Apr. was made the 
king's solicitor -general, and a new writ 
ordered 23d Apr. 1726. He was re- 
chosen 2d May, 172(5, sans poll. 
George II. 

1727. Cha. Talbot, and Robt. Shaf- 
to, of Whitworth, esq. 

Mr Shafto dying in 1729, a new writ 
was ordered 15th Jan. 1729. 

John Shafto, of Whitworth, esq ; was 
elected 29th Jan. 1729. 

Candidates. N polled. 

John Shafto, esq. 577 

Hn. Lambton, of Lambton-hall, esq. 553 
Cradock 2 

Tho. Hanmer, bart. 1 



* This extension is an exercise of the^Wa regalia. See 1 Strange's Reports, 177. 
f " Sir Henry Bellasis, Esquire Conyers, and George Sheffield stood poll for the 
city, but Sheffield gave up." Bees' Diary. Coley Sheffield, Apothecary, who 
once stood candidate for Parliament Man for Durham died 5th Dec. 1700." ib. 



62 



THE CITY OF DURHAM. 



of Durham and Framwelgate, in the said county palatine of 
Durham ; which said mayor, aldermen, and twenty -four discreet 



Candidates. N Q polled. 

Ka. Gowland, esq. 775 

Major Gen. J. Lambton, Harraton, 752 

The election continued six days, viz. 
7th, 8th, 9th, 10th, llth, and 12th Dec. 
1761. 

The mayor of Durham, with the ma- 
jority of the aldermen, having displaced 
sixteen common-councilmen, and named 
others of inferior fortunes, the corporation 
repealed the bye laws made in 1728 (p. 43) 
and made a new one, under the sanction 
whereof the mayor, &c. at several times 
swore 215 occasional freemen, who were 
fetched out of Yorkshire, Westmorland, 
Cumberland, Northumberland, and the 
county of Durham, in order to serve Mr 
Gowland, then major of the Durham 
militia. At the close of the poll, the 
numbers stood, for Mr Gowland (with 
the 215) 775 ; for Mr Lambton, 752 
Mr Gowland's majority 23, his legal vo- 
ters 560. On Mr Lambton's petition, 
Mr Gowland was ousted of his seat, and 
in 1775 was elected for Cockermouth 
(see p. 47. ) The number of legal free- 
men who then voted was 1312. 

1768, 8th parl. at Westm. Major 
Gen. John Lambton, of Harraton, esq ; 
and John Tempest the younger, of Win- 
yard, esq. Elected 21st Mar. 1768. 

1774. Major Gen. John Lambton, 
and John Tempest the younger. Elect- 
ed 14th Oct. 1774. 

Candidates. N polled. 

John Tempest, esq. 369 

G<^n. Lambton 525 

Mark Milbank, esq. 

The election continued four days, viz. 
llth, 12th, 13th, and 14th Oct. 1774. 

1780. Major Gen. John Lambton, 

esq ; and John Tempest, esq. Elected. 

1 784. The same gentlemen elec. again. 

1787. General Lambton having ac- 
cepted the Chiltern hundreds, 

William Henry Lambton, esq; was 
elected 9th March. 

1790. John Tempest, esq; William 

Henry Lambton, of Lambton, e c ,q. 

Mr Tempest died suddenly at Win- 
yard, 12th Aug. 1794. 

Sir Henry Vane Tempest, bart. was 
returned 17th Oct. 1794. 

1796. June 1, Wm Henry Lambton, 



esq ; and Sir Henry Vane Tempest, bart. 

Mr Lambton died at Pisa, 30th Nov. 
1797, when Ralph John Lambton, esq; 
was returned, Jan. 8th, 1798. 

1800. Sir Henry Vane Tempest, 
bt. having accepted the Chiltern hundreds, 

Michael Angelo Taylor, esq. ; was 
elected, 17th March, 1800. 

Candidates. N polled. 

M. A. Taylor, esq. 464 

M. Russell, esq. 360 

G. Baker, esq. 7 

The election continued six days, viz. 
March 11, 12, 13, 14, 15, and 17. 

1802. Ra. John Lambton, esq.; and 
Richard Wharton, of Old Park, esq. ; 
elected 24th July, 1802. 

Candidates. N polled. 

Ra. John Lambton, esq. 53O 

R. Wharton, esq. - -. 517 

M. A. Taylor, esq. 498 

This severely contested election con- 
tinued six days, viz. 19th, 20th, 2 1st, 22d, 
23rd, and 24th. 

At this election Mr Wharton polled 
409 plumpers, or single votes. 

1804. Mr Wharton's election for the 
city of Durham, was declared void by a 
committee of the House of Commons. 

Robert Eden Duncombe Shafto, of 
Whitworth, esq.; was elected 5th March, 

Candidates. N polled. 

R. E. D. Shafto, esq. 385 

Francis Tweddell, esq ; of Threep- } 
wood, and brother to the celebrated C 283 
traveller, John Tweddell. > 

C. Spearman, esq. - 13 

1 80C. Ra. J. Lambton, esq. ; and Rich. 
Wharton, esq. ; elected 7th Nov. 1806, 

1807. Same gentlemen again, May 14. 

1812. Same gentlemen again, 7th Oct. 

R. J. Lambton, esq ; having accept- 
ed the Chiltern hundreds, 

George Allan, esq. ; of Blackwell 
Grange,near Darlington, was elected 10th 
Dec. 1813. 

Candidates. N Q polled. 

G. Allan, esq. 440 

G. Baker, esq. 360 

The election continued nine days, viz. 
1 st, 2d, 3d, 4th, 6th, 7th, 8th, 9th and 
10th Dec. 1813. 

1818. M. A. Taylor, esq; and Rich. 
Whaiton, esq; elected 19th June. 



THE CITY OF DURHAM. 



63 



and honest men of the trades, arts or mysteries aforesaid, shall 
be the common council of the said city of Durham and Framwel- 
gate ; and the said twenty-four so named and elected shall con- 
tinue in the same offices until the second Monday next after the 
feast of^St Michael the archangel then next ensuing, if they shall 
so long live, unless they or any of them in the mean time, for 
misgovernment or misbehaviour therein, or other reasonable 
causes, shall be removed from their said offices. 

AND we further will, and do by these presents for us and our 
successors grant, to the said mayor, aldermen and commonalty 
of the said city of Durham and Framwelgate, and their succes- 
sors, that the mayor, aldermen and twenty-four other persons to 
be elected in the manner herein mentioned, to be of the common 
council of the said city of Durham and Framwelgate for the 
time being, or the major part of them, (of whom the mayor for 
the time being we will shall be one) from time to time and at all 
times hereafter, yearly and every year, on the Monday next 
after the feast of iSt Michael the archangel, shall and may meet 
and assemble in the Guildhall or Tollbooth of the said city, or 
in any other convenient place within the said city; and being so as- 
sembled, shall and may nominate and elect one of the aldermen 
of the city of Durham and Framwelgate aforesaid, residing and 
inhabiting within the said city of Durham and Framwelgate, or 
within the said several parishes of St Nicholas, St Mary-le-bow, 
and St Mary the Less, or the extra parochial places of or be- 
longing to the castle of Durham, and the college or cathedral 
church of Durham, or the parochial chapelry of St Margaret, 
the borough of Framwelgate, or the several parishes of St Os- 
wald and St Giles near the said city of Durham and Framwel- 
gate, in the said county palatine of Durham, to be mayor of the 
said city of Durham and Framwelgate, -for one whole year then 
next following, that is to say, until Monday next after the feast 
day of St Michael the archangel then next ensuing; and that he 
in manner aforesaid elected and named to be mayor of the said 
city, before he be admitted to the execution of that office, shall 
take his corporal oath before us or our successors bishops of 



At this Election on the sense of the 
meeting being called for by the returning 
Officer, the shew of hands was in favor 
of Mr Taylor and Mr Wharton, but a 
poll having been demanded by some of 
the friends of Mr Allan in the absence of 
that gentleman, the business of the court 
was kept open for three days, when Mr 
Taylor and Mr \Vhartou were return- 
ed. 



M. A. Taylor, esq. - 437 

Rich. Wharton, esq. - 547 

Geo. Allan, esq. - 27 

George IV. 

1820. Mr Wharton having taken his 
leave of the freemen of the city of Durham, 
and offered himself for the county, 

M. A. Taylor, esq; and Sir Henry 
Hardinge, were elected 8th March, 1820, 
sans poll. 



64 THE CITY OF DURHAM. 

Durham for the time being, but if we or our successors shall be 
absent from the said county palatine, then before the chancellor of 
the said county palatine for the time being, and in case of his 
absence from the said county palatine, or in case the episcopal 
See of Durham shall be vacant, then before his last predecessor 
in the office of mayor of the said city, for the clue execution of 
liis office, according to the tenor following, that is to say, / shall 
truth and faith bear to our sovereign lord the king's majesty, his 
heirs and successors kings and queens of England, and to the lord 
bishop of Durham and his successors bishops of Durham, and all 
such acts and orders as I shall consent and agree unto to be made, 
shall be for the common wealth of the city of Durham and Fram- 
welgate ; and shall at no time or times hereafter go about to make 
any private orders against the privileges of the bishop of Durham, 
nor for the only profit of myself, nor of any other private person or 
persons ; or consent or agree unto the same : And also, I shall at 
all and every time and times hereafter, go about by word, will and 
consent, well and truly to execute every point, article and agree- 
ment contained in this corporation, to the mayor, aldermen and 
commonalty of the said city of Durham and Framwelgate granted, 
to my power, and I shall keep my lords council, my fellows and my 
own, so help me God, and by the contents of this book. And after 
he shall have so taken the said oath, he shall hold the said office 
of mayor of the said city of Durham and Framwelgate, until 
Monday next after the feast of St Michael the archangel then 
next following, and from thence until another of the aldermen 
of the said city shall in due manner and form aforesaid be elect- 
ed and sworn into the office of mayor of the said city of Durham 
and Framwelgate, unless he shall in the mean time be removed 
from that office for misgovernment or misbehaviour therein, or 
of or for any other reasonable cause. 

And further we will, and do by these presents for us and our 
successors grant to the said mayor, aldermen and commonalty 
of the said city of Durham and Framwelgate and their succes- 
sors, that if it shall happen that the said John Drake Bainbridge 
or any future mayor of the said city of Durham and Framwel- 
gate, shall die or be removed from the office of mayor of the said 
city, at any time before Monday next after the feast of St Michael 
the archangel, next after he shall be elected and sworn into the 
office of mayor of the said city of Durham and Framwelgate, 
(and which said John Drake Bainbridge and every future mayor 
of the said city, we will shall be removeable from his said office 
for misgovernment or misbehaviour therein, or any other rea- 
sonable cause, by the aldermen and twenty-four so elected of the 



THE CITY OF DURHAM. 65 

common council of the said city, or the major part of them of, 
whom we will that seven of the aldermen of the said city shall 
be seven) that then and so often it shall and may be lawful for 
the aldermen and twenty-four elected of the common council of 
the said city of Durham and Framwelgate for the time being, 
or the major part of them, (of whom we will that three of the al- 
dermen of the said city be three) within twenty days after such 
death or removal, to assemble in the Guildhall or Tollbooth of 
the said city, or in any other convenient place within the said 
city, and that they, or the major part of them then and there 
assembled, shall nominate and elect one other of the aldermen 
of the said city (residing and inhabiting within the said city of 
Durham and Framwelgate, or within the several parishes of St 
Nicholas, St Mary-le-bow, and St Mary the Less, or the ex- 
tra parochial places of or belonging to the castle of Durham and 
the college and cathedral church of Durham, the parochial 
chapelry of St Margaret, the borough of Framwelgate, or the 
several parishes of St Oswald and St Giles, near the said city of 
Durham and Framwelgate, for the time being) to be mayor of 
the said city, for the remainder of the year ; and that the person 
so elected 10 the office of mayor of the said city, before he be 
admitted to execute the said office, shall take his corporal oath 
to the purport or effect herein before mentioned, before us and 
our successors bishops of Durham ; or in case of our absence, 
before the chancellor of the said county, or in case of his ab- 
sence, or the vacancy of the said See, then before two of the al- 
dermen of the said city ; and having taken the said oath, he shall 
hold the said office until Monday next after the feast of St 
Michael the archangel then next following, and from thence un- 
til another alderman of the said city shall be elected and sworn 
into the said office, if he shall so long live ; unless in the mean 
time he shall be removed from his office, for misgovernment or 
misbehaviour therein, or other reasonable cause. 

And we further will, and by these presents for us and our 
successors grant, to the said mayor, aldermen and commonalty 
of the city of Durham and Framwelgate and their successors, 
that the mayor and aldermen of the said city for the time being, 
or the major part of them, (of whom the mayor for the time be- 
ing we will shall be one) shall and may from time to time, and 
at all times hereafter, yearly and every year, on the second 
Monday next after the feast of St Michael the archangel, (that 
is to say) on the Monday next after the day by these presents ap- 
pointed for the election of a mayor of the said city, to nominate 

VOL, II. I 



f)6' THE CITY OF DURHAM. 

and elect twenty-four of the most discreet and honest men, in- 
habiting and residing within the said city of Durham and Fram- 
welgate, (that is to say) two out of each of the twelve several 
arts, mysteries or faculties following, (to wit) two out of the mer^ 
cers, grocers, haberdashers, ironmongers and salters, two out of 
the drapers and taylors, two out of the skinners and glovers, two 
out of the tanners, two out of the weavers, two out of the dyers 
and fullers, two out of the cordwainers, two out of the sadlers, 
two out of the butchers, two out of the smiths, two out of the 
carpenters and joiners, and two out of the free-masons and rough 
masons, residing and inhabiting within the said city of Durham 
and Framwelgate, or within the several parishes of St Nicholas, 
St Mary-le-bow and St Mary the Less, or the extra parochial 
places of or belonging to the castle of Durham, and the college 
or cathedral church of Durham, or the parochial chapelry of St 
Margaret, the borough of Framwelgate, or the said several 
parishes of St Oswald and St Giles, near the city of Durham 
and Framwelgate, for one whole year, (that is to say) until the 
second Monday after the feast of St Michael the archangel then 
next following ; and that every person elected and named to be 
of the common council of the said city, before he be admitted to 
the execution of that office, shall take his corporal oath upon the 
holy evangelists, before the mayor, or in his absence before four 
of the aldermen of the said city for the time being, well and 
faithfully to execute their office in all things relating thereto ; 
and that after having taken such oath, he shall and may execute 
the said office for one year, (that is to say) until the second Mon- 
day after the said feast of St Michael the archangel then next 
following, unless he shall in the mean time be removed from his 
said office, for misgovernment or misbehaviour, or other reason- 
able cause. 

Provided always, and our will is, that in case there shall not 
be a sufficient number of arts, mysteries, or faculties aforesaid, 
residing and inhabiting as aforesaid, out of which two can be 
elected according to the directions aforesaid, that then and so 
often as the case shall happen, the said mayor and aldermen, 
or the mnjor part of them, shall and may nominate and elect so 
many out of the other arts, mysteries, or faculties, or any of 
them, residing and inhabiting as aforesaid, as will make up the 
number 24? ; and may supply the same, in case of the death or 
removal of any of the twenty-four, in the same manner ; which 
said mayor, aldermen and twenty-four, elected to be of the 
common council of the said city of Durham and Framwelgate, 
shall in all time to come be the common council of the said 
city of Durham and Framwelgate. 



THE CITY OF DURHAM. 67 

And whenever it shall happen, that any of ihealder?neu of the 
said city of Durham and Framwelgate for the time being, shall 
die or be removed from his or their office or offices, for misgo- 
vernment or misbehaviour therein, or any other reasonable 
cause, by the mayor, aldermen and twenty-four so elected of the 
common council as aforesaid, or the major part of them, (of 
whom we will the mayor shall be one) that then and so often, it 
shall and may be lawful for the mayor and rest of the aldermen 
and twenty-four so elected of the common council of the said 
city for the time being, or the major part of them, (of whom the 
mayor for the time being shall be one) within twenty days next 
after such death or amotion, to nominate or elect one or more 
burgess or burgesses of the said city of Durham and Framwel- 
gate, dwelling and inhabiting within the said city of Durham 
and Framwelgate, or within the several parishes of St Nicholas, 
St Mary-le-bow, and St M ary the Less, or the extra paroch ial places 
of or belonging to the castle of Durham, and the college or ca- 
thedral church of Durham, or the parochial chapelry of St 
Margaret, the borough of Framwelgate, or the several parishes 
of St Oswald and St Giles, near the city of Durham and Fram- 
welgate, to be an alderman or aldermen of the said city of Dur- 
ham and Framwelgate, in the place or places of him or them so 
dying or happening to be removed ; and that he or they so no- 
minated and elected to be alderman or aldermen, before he or 
they shall be admitted to execute the said office or offices, shall 
take his or their corporal oath or oaths, before the mayor of the 
said city for the time being, or before four or more of the alder- 
men of the said city for the time being, well and truly to execute 
his or their office or offices, in all things thereunto belonging; 
and the person or persons so elected and sworn, shall hold the 
said office and offices during the term of his and their natural life 
and lives, unless he or they shall in the mean time be removed 
from the said office or offices, for misgovernment or misbeha- 
viour therein, or for any other reasonable cause. 

And also whenever it shall happen, that any of the twenty- 
four, to be elected of the common council of the said city of Dur- 
ham and Framwelgate as aforesaid for the time being, shall die 
or be removed from his or their office or offices, (and which said 
twenty-four we will shall be rernoveable from their said offices 
for misgovernment or misbehaviour therein, or other reasonable 
cause, by the mayor, aldermen and twenty-four, or the major 
part of them, of whom we will that the mayor for the time be- 
ing shall be one) that then and so often, it shall and may be law- 
ful for the mayor and aldermen of the said city of Durham and 



68 THE CITY OF DURHAM. 

Framwelgate for the time being, or the major part of them, (of 
whom the mayor we will shall be one) within twenty days after 
such death or removal, to elect and prefer one or more of the 
burgesses of the said city, of the same trade, art or mystery, or 
trades, arts or mysteries of him or them so dying or being re- 
moved, and residing or dwelling within the said city of Dur- 
ham and Framwelgate, or within the said several parishes of St 
Nicholas, St Mary-le-bow and St Mary the Less, or the extra- 
parochial places of or belonging to the castle of Durham, and the 
college or cathedral church of Durham, or the parochial chapelry 
of St Margaret, the borough of Framwelgate, or the said several 
parishes of St Oswald and St Giles, near the said city of Dur- 
ham and Framwelgate, to be of the common council of the said 
city, in the place or places of him or them so dying or happen- 
ing to be removed ; and that he or they so elected into the said 
office or offices, shall take his and their corporal oath and oaths, 
before the mayor of the said city for the time being, or before 
four or more of the aldermen of the said city for the time being, 
well and truly to execute his and their office or offices in all 
things thereunto belonging; and the person or persons so elect- 
ed and sworn in the said office and offices shall hold the same 
until the said second Monday next after the feast of St Michael 
the archangel then next ensuing, if he and they shall so long 
live ; unless he or they shall in the mean time be removed from 
the said office or offices, for mismanagement or misbehaviour 
therein, or for any other reasonable cause. 

And moreover, for us and our successors, we grant to the said 
mayor, aldermen and commonalty of the said city of Durham 
and Framwelgate, and their successors, that if any one or more 
of the aldermen and burgesses of the said city for the time being, 
who hereafter shall be elected to the office or offices of mayor ; al- 
dermen, or of the common council of the said city, and having due 
notice given to him or them of such election, shall refuse to ac- 
cept or take upon himself or themselves, and to execute that office, 
to which he or they shall have been so elected and nominated, 
then and so often, it shall and may be lawful for the mayor, al- 
dermen and twenty-four, so elected as aforesaid, for the time 
being, or the major part of them present at any meeting for that 
purpose (of whom the mayor to be one) to assess and impose suck 
Jines and amerciaments, not exceeding the sum of one hundred 
pounds, upon such person or persons so refusing, as to the said 
mayor, aldermen and common council for the time being, or 
such major part of them as aforesaid, shall seem reasonable; 
which fine or fines shall be recovered, received and applied to 



THE CITY OF DUBHAM. 69 

the public use of the said mayor, aldermen and commonalty of 
the said city of Durham and Framwelgate. 

And further, we will and do by these presents for us and our 
successors grant, to the said mayor, aldermen and commonalty 
of the said city, and their successors, that there shall for ever 
hereafter be, in the city of Durham and Framwelgate, one honest 
and discreet man, skilled in the laws of England, who shall and 
may be, and shall be called the recorder of the city oj DurLam 
and Framwelgate ,- which said recorder, before he shall be ad- 
mitted to execute that office, shall take his corporal oath, before 
the mayor of the said city for the time being, well and faithfully 
to execute the said office of recorder of the city aforesaid, ac- 
cording to the best of his judgment, in all things touching or 
concerning that office : And that after such oath so taken, he 
may exercise and use the office of recorder of and for the said 
city, for so long time as he shall behave himself well in the said 
office. -And we have assigned, created, constituted and made, 
and by these presents for us and our successors do assign, no- 
mina'e, create, constitute and make, our trusty and well-beloved 
William Ambler, esquire, skilled in the laws of England, to be 
the first and modern recorder of the said city of Durham and 
Framwelgate, to execute that office so long as he shall behave 
himself well in the same; the said William Ambler first 
taking his corporal oath before the said John Drake Bainbridge, 
or the mayor of the said city for the time being, well and truly 
to execute the office of recorder of the city aforesaid, according 
to the best of his judgment, in all things touching and concern- 
ing that office. And we will, that the recorder of the said city 
of Durham and Framwelgate, from time to time, be aiding and 
assisting to the common council of the said city of Durham and 
Framwelgate, for the time being, in all things and causes, which 
in the court of record in the said city, or any other court to be 
held in the said city, from time to time, shall be cognizable and 
determinable in the said city ; and that he may do and execute 
all things which to the office of recorder belong and appertain, 
in as ample manner and form as any other recorder in any other 
city or town incorporate within the kingdom of Great- Britain, 
by virtue of his office of recorder, may or can do : And that from 
time to time and at all times, upon every vacancy of the office 
of recorder of the said city of Durham and Framwelgate, it shall 
and may be lawful for the mayor, aldermen, and twenty-four so 
elected as aforesaid, for the time being, or the major part of 
them, present at any meeting for that purpose, (of whom we will 
the mayor shall be one) to elect, nominate and prefer one other 



70 



THE CITY OF DURHAM. 



discreet man, skilled in the laws of England, from time to time, 
to be recorder of the said city ; and that he so elected and pre- 
ferred into the office of recorder of the said city, from time to 
time, after the death or amoval of the said William Ambler, 
shall and may have, enjoy and exercise the office of recorder, as 
long as he shall behave him self well in the same; first taking his 
corporal oath in manner aforesaid.* 

And further we do will, and by these presents for us and our 
successors grant, to the said mayor, aldermen and commonalty 
of the said city, and their successors, that they and their succes- 
sors hereafter for ever, may and shall have in the said city one 
honest and discreet man, who may and shall be called the town- 
clerk of the said city, which said town-clerk, before he be admit' 
ted to execute that office, shall take his corporal oath, before the 
mayor of the said city for the time being, well and truly to per- 
form that office, to the best of his knowledge, in all things 
touching or concerning the said office ; and that after taking 
such oath, he shall use and exercise the office of town-clerk of 
the city aforesaid, so long as he shall behave himself well in the 
said office ; and we have assigned, created, constituted and made, 
and do by these presents, for us and our successors, assign no- 
minate, create, constitute and make, Martin Wilkinson to be the 
Srst and modern town-clerk of the said city, to exercise that of- 
fice, as long as he shall behave himself well, first taking his 
corporal oath, before the said John Drake Bainbridge, or the 
mayor of the said city for the time being, truly to perform that 
office, to the best of his knowledge, in all things touching or 
concerning the said office : And that from time to time and at 
all times, whenever hereafter the said office shall be vacant, it 
shall and may be lawful for the said mayor, aldermen, and twen- 

* RECORDERS of DURHAM. 

1603, Sept. 11. Wm Smith, of Gray's 
Inn, London, gent. 

1642, Nov. 1O. Fra. Tempest, of Dur- 
ham, esq. 

1645, April, 11. Edward Wright, of 
Gray's Inn, esq. 

1647, Aug. 11. John Turner, of the 
Middle Temple and Kirkleatham, 
esq. 

1686, John Jefferson, serjeant 

at law; appointed a judge in Ireland. 

1691, Sept. 25. Wm Davison, of Dur- 
ham, esq. 

1636, June 5. John Middleton, esq. 

1702, March 4. John Cuthbert, of Dur- 
ham, esq ; resigned on being chosen 
recorder of Newcastle. 



1706, Feb. 5. Geo. Bowes, esq; of 

Durham. 
1719, Oct. 1. John Fawcett, esq; of 

Durham. 
1760, Oct. 27 Wm Rudd, esq; of 

Durham. 

1 767, NOT. 9. Tho. Gyll, esq ; of Dur- 
ham ; ob. 12th March, 1780. 
1780, Oct. 2. Wm Ambler, esq; of 

Durham; appointed by the new 

charter. 
i792, March 26. Sir Frederick Norton 

Eden, bart., appointed on the death 

of Mr Ambler. 
1806, Dec. 11. William Hoar, esq.; 

appointed on the resignation of Sir 

F. M. Eden, bart. 



THE CITY OF DURHAM. 



71 



ty-four of the common council of the said city of Durham and 
Framwelgate, for the time being, or the major part of them, 01 
whom the mayor of the said city for the time being we will shall 
be one, to elect, nominate and prefer, one other honest and dis- 
creet man to be town-clerk of the said city, to exercise that office 
as long as he shall behave himself well in the same, who shall take 
his oath before the mayor of the said city of Durham and Fram- 
welgate for the time being, for the due execution of the said office.* 
And moreover we will, and by these presents for us and our 
successors do grant, to the said mayor, aldermen and commo- 
nalty of the said city of Durham and Framwelgate, and their 
successors, that the mayor, aldermen and twenty-four, the com- 
mon council of the said city, or the major part of them, (of whom 
the mayor for the time being shall be one) shall and may, with- 
in a convenient time from the date of these presents, name and 
elect two men, being burgesses or inhabitants of the said city, 
who shall be, and shall be called, Serjeants at mace, to serve in 
the court of the said city, and for making proclamations, arrests, 
and executions of all processes, mandates, and other affairs be- 
longing to the office of serjeant at mace, to be done and execut- 
ed from time to time in the city of Durham and Framwelgate 
aforesaid ; and in like manner name and elect all such and so 
many constables^ and other inferior officers and servant?, as have 
been usual and accustomed within the city aforesaid; and the 
said Serjeants at mace, and other inferior officer and officers, so 
to be elected and nominated, shall and may be in due manner 
sworn, before the mayor of the said city for the time being, for 
the due and faithful execution of the office and offices, to which 
they shall be respectively elected and appointed ; and the said 
gerjeants at mace, and other the officer and officers so to be elect- 
ed, shall be and continue in their respective offices, until Mon- 
day next after the feast of St Michael the archangel now next 
ensuing, and until some other person or persons shall in due 
manner be elected and preferred into his or their office or offices 

* TOWN CLERKS of DURHAM. 

1610, Oct. 4. Mark Forster, gent. 

1663, Nov. 27. George Kirby. 

1690, Sept. 4 George Dixon, appoint- 
ed for life, but on the 27th of Sept 
1711 was removed, and Richard 
lie eappointed ; butDixon was re- 
stored, in pursuance of a Mandamus, 
4th March 1712. 

1716, Oct. 5. John Ingleby appointed 
for the year ensuing, and from 
thence annually. 



1761, Nov. 2. Robert Robinson. 

1766, Oct. 5 Cuthbert Swainston. 

1768, Oct. 5, Martin Wilkinson, also 

appointed by the new charter 2d 

Oct. 1780. 
1813, Oct. 27. Thomas Wilkinson, 

elected Town Clerk in the place of 

Martin Wilkinson, who died on the 

19th Oct. 1813. 



72 THE CITY OF DURHAM. 

respectively ; and that the said Serjeants at mace, constables, and 
other inferior officer and officers of the said county of Durham 
and Framwelgate, shall from time to time be annually elective, 
by the mayor, aldermen and twenty-four, the common council 
aforesaid, or the major part of them, (of whom the mayor we 
will shall be one) on Monday next after the said feast of St Mi- 
chael the archangel then next following, if they shall respective- 
ly behave themselves well in the same : And as often as, and 
whenever it shall happen, that such Serjeants, constables, and 
other inferior officers of the said city, shall die or be removed 
from their offices, within one year after they have been elected, 
preferred, and sworn into their said office or offices respectively, 
that then and so often, it shall and may be lawful for the mayor, 
aldermen and twenty-four the common council of the said city 
of Durham and Framwelgate for the time being, or the major 
part of them, (of whom we will the mayor of the said city for 
the time being shall be one) within twenty days next ensuing such 
death or amotion, or any other convenient time, to elect and 
prefer other and others in the place or places of him and them 
so dying or being amoved ; and that he or they so elected and 
preferred, shall hold and exercise the office or offices to which 
they shall be elected, named and preferred, if they shall respec- 
tively behave themselves well in the same, until Monday next 
after the feast of St Michael then next ensuing, and from thence- 
forth until another or others shall be elected and sworn into the 
said office or offices respectively, first taking his or their corpo- 
ral oath or oaths in form aforesaid. 

We also will and ordain, and by these presents for us and 
our successors do grant and confirm, to the aforesaid mayor, al- 
dermen and commonalty of the city of Durham and Framwel- 
gate aforesaid, and their successors, as much as in us lies, that 
the aforesaid mayor, aldermen and twenty-four, so elected of the 
common council of the city of Durham and Framwelgate afore- 
said, for the time being, or the major part of them, (of whom 
the mayor for the time being shall be one) shall have full au- 
thority, power and licence, in the place of, for and in the name 
of the whole corporate body of the said city of Durham and 
Framwelgate aforesaid, to compose, constitute, ordain, make and 
establish, from time to time, such laws, statutes, ordinances and 
constitutions, as to them in their discretions shall seem good, sa- 
lutary, useful, fit, profitable, and necessary, for the good rule 
and o-overnment of the mayor, aldermen and commonalty of the 
said city of Durham and Framwelgate, arid all trades, officers, 
ministers, artificers, and residents whomsoever, within the said 



THE CITY OF DURHAM. 73 

city of Durham and Framwelgate, for the time being ; and for 
the rule and government of the markets, fairs, and marts, with- 
in the city of Durham and Framwelgate aforesaid, and the limits 
and liberties of the same, and of other persons coming and re- 
sorting to the said fairs ahd markets ; and for declaring after 
what manner and order the mayor, aldermen and commonalty, 
and all and singular other the ministers, officers and artificers, 
inhabitants and residents within the city of Durham and Fram- 
welgate aforesaid, with their servants and apprentices, in their 
several offices, functions, mysteries, arts and businesses, within 
the city of Durham and Framwelgate aforesaid, and the liberties 
of the same, for the time being, shall conduct and employ them- 
selves, and otherwise for the more public good and good rule of 
the city of Durham and Framwelgate aforesaid ; and also for the 
better preservation, government, and letting of the lands, tene- 
ments, reversions and hereditaments of the aforesaid % mayor, al- 
dermen and commonalty, and their successors, to them given, 
granted or assigned, or hereafter to be given, granted or assign- 
ed, and all other things and causes whatsoever, relating to the . 
city of Durham and Framwelgate aforesaid, or concerning the 
state, right and interest of the said city of Durham and Fram- 
welgate; and that the mayor, aldermen and twenty-four, so 
elected of the common council of the city of Durham and Fram- 
welgate aforesaid, for the time being, or the major part of them, 
(of whom the mayor for the time being shall be one) as often as 
such laws, institutions, ordinances and constitutions, shall be de- 
clared and established in manner aforesaid, do make, ordain, 
limit and provide such punishments, penalties and imprison*- 
ments of the body, or by fines and amerciaments, or by both, 
upon all offenders against such laws, statutes arid ordinances, or 
any of them, which to the said mayor, aldermen and common 
council for the time being, or the major part of them, (of whom 
the mayor for the time being shall be one) shall seem necessary, 
requisite and proper for the observance of such laws, ordinances 
and constitutions ; and the same fines and amerciaments, by dis- 
tress or any other manner, to levy and have and retain, to them 
and their successors, to the use of the said city of Durham and 
Framwelgate, without question or impediment of us or our suc- 
cessors, or any of the officers of us or our successors ; all and 
singular which laws, ordinances, constitutions and institutions, 
so to be made, we will shall be observed under the penalties 
therein mentioned, so as such laws, ordinances and institutions, 
punishments, penalties and imprisonments, are not repugnant or 
contrary to the laws, statutes, rights and customs of England. 
VOL. u. K 



74 THE CITY OF DURHAM. 

We will moreover, and by these presents, for us and our suc- 
cessors, as far as in us lieth, do grant, ratify and confirm, unto 
the said mayor, aldermen and commonalty of the city of Durham 
and Framwelgate aforesaid, and their successors, that the said 
mayor, aldermen, commonalty, and their successors, shall have, 
hold, enjoy and use, from henceforth for ever, all and singular 
such rights, liberties, powers, authorities, franchises, immunities, 
free customs, lands, tenements and hereditaments, as the mayor, 
aldermen and commonalty of the city of Durham and Framwel- 
gate, under, by virtue or reason of the said letters patent of To- 
bias late bishop of Durham, or by, under, or by virtue of any 
charter or letters patent by any of our predecessors heretofore 
bishops of Durham, or otherwise by any lawful means, right or 
title whatsoever could or were lawfully entitled to have, use or 
enjoy ; except in such cases, and so far only as the same are 
varied or altered by these presents. 

And further we will, by these presents, for us and our succes- 
sors, of our special grace, certain knowledge, and mere motion, 
do grant unto the said mayor, aldermen and commonalty, and 
their successors, that these our letters patent, and all and singu- 
lar things in the same contained, shall be and remain, from time 
to time, good, firm, valid, sufficient and effectual in the law, ac- 
cording to the true meaning of these presents ; notwithstanding 
the not naming, or the not right and certain naming the pre- 
misses aforesaid, or any parcel thereof, in their or in either of 
their proper names, kinds, sorts, quantities or qualities ; and 
notwithstanding the not reciting, or not truly reciting the said 
letters patent before mentioned, or any thing in the same con- 
tained, or any act, ordinance, provision or restriction, or any 
defect, uncertainty or imperfection in these our letters patent, or 
any other matter, cause or thing whatsoever, to the contrary 
thereof in any wise notwithstanding: In witness whereof we 
have caused these our letters to be made patent. Witness the 
honourable Edward Willes, our chancellor of Durham. Given 
at our castle of Durham this second day of October, in the twen- 
tieth year of the reign of our sovereign lord George the Third, 
by the Grace of God, of Great-Britain, France, and Ireland, 
king, defender of the faith and so forth ; and in the year of our 
Lord one thousand seven hundred and eighty, of our consecration 
the twenty-ffth, and of our translation to the See of Durham 
the tenth." 



THE CITY OF DURHAM. 75 

CHARITABLE FUNDS. 

" There is a charitable fund belonging to the city of Durham, 
for \vhich the mayor and aldermen are trustees.* Mr Henry 
Smith, the great benefactor of the city of Durham whilst it 
stood incorporated by the name of aldermen and burgesses, by 
will dated the 20th of July 1598, gave all his coal mines, then 
of the clear yearly value of 1 OOl. besides a personal estate in 
money, debts, and goods, beyond debts and legacies, worth 6001. 
unto the city of Durham, in these words : " And as touching 
" my colemynes, and that the increase thereof may be employed 
66 for the benefit of many, I freely give them all to this city of 
" Durham, and the cause why I doe soe, and further as follow- 
" eth is, that some good trade may be devised for setting of the 
" youth and other idle persons to work, as shall be thought 
" most convenient, whereby some profit may arise to the benefit 
" of the said city, and reliefe of those that are past work." 
Then he gives away several legacies, and adds, " All the rest 
" that remaineth 1 fully give and bequeath to this city of Durham, 
" as fully and amply as I have done my colemynes, and to the 
" uses before expressed." And then appoints one alderman pro 
tempore, Edward Wanles, dyer, and William Hall, draper, his 
executors, to see the said will performed ; and died on the 1 7th 
of November 1598. Mr Tho. Pierson was alderman at Mr 
Smith's death, and, together with Wanles and Hall, entered 
upon his estate, and continued the receipt and management 
thereof, until Tobias Matthew bishop of Durham, in the year 
1 602, incorporated the city by the name of mayor and alder- 
men, andthenthesucceedingmayorsjoinedwitathetwo executors, 
in the receipt and management thereof, and so it continued 
until the eighth year of K. James I. when a commission of 
pious uses was awarded to William bishop of Durham, and 
several others, upon which an inquest was taken, and this 
charity found and decreed against the executors, in whose 
hands it was, and several persons were appointed to be the 
governors thereof, particularly the then bishop, Richard Hut- 
ton, esq ; his temporal chancellor, H. Dethick, H. Ewbanke, 
Rob. Cooper, and several others. Those governors (14th Aug. 
1612) called the executors to an account, and found in their 
hands in ready cash 5771. 10s. 2d. which they received and 
lodged in the chest in the town chamber, which they had bought 
for the purpose, under four locks, and there also placed the 

K 2 

* This account was taken by Mr Randal from the papers of Mr John Dixon 
late of Durham, deceased, an eminent attorney at law. 



76 THE CITY OF DURHAM. 

bonds and other securities and writings relating to this chanty ; 
and then ordered the New- Place* to be bought, for a trade of 
cloth-working to be set up in, which was accordingly done, and 
1501. paid for the purchase thereof. 

In May 161 4-, Henry Doughty and Wm Ba&toe, cloth work- 
ers, were employed to begin the work, and were settled in the 
New-Place; and one Richard Tomlinson had by copy of court- 
roll an assignment made him of some ground upon Brass-side 
Moor, de novo mcremento, and inclosed it for the benefit of the 
works, and 2001. was paid them to provide materials, for which 
sum Wm Hall the executor, who had recommended these three 
men, was bound. 

In September 1614 a new commission of pious uses issued, 
to the said bishop, chancellor Hutton, and several other com- 
missioners, who approved of what the governors had done, and 
ordered 2SOl. more to be advanced to the clothiers, upon the 
statute-merchant of them and two other sureties, relations of 
Do'ughty and Bastoe, and upon surrender of Tomlinson's In- 
tack ; and so the works went forward for about two years, and 
then Doughty and his partners broke, and the governors took 
in one William Atkinson, ~then master of the house of correc- 
tion, to spin and employ children that way, and gave him 60l. 
to buy wool : And also in the year 1616 the governor employed 
Thomas Browne, and George Beecrofte, two new clothworkers, 
and bought them in wool, and gave them it to work, and em- 
ployed William Hall the executor to be their inspector ; and 
the work went on but slowly and to no great purpose, till 
Jan. 1619, and then was discontinued ; and instead thereof, 201. 
per annum was ordered to be paid by 5l. per quarter to the se- 
veral streets in Durham, and apprentices were ordered to be 
bound out, ten or more per annum, as the stock should answer. 

Thus it hath continued ever since, with the addition only of 
two half yearly pays more to the poor of the several streets ; 
and in the year 1622, Wydop Leezes and Redmyers House 
were purchased for 6601. at the yearly rent of 50l. per annnm, 
3l. 6s. 8d. being discounted for a copyhold rent payable there- 
out annually to the bishop. 

After this the governors put their statute-merchant in suit 
against Doughty and Bastoe's relations, and recovered most of 
the 2501. last lent ; but all that Hall the executor was bound 
for, and more which he had got into his hands, amounting to 
5981. odd money, was lost. 

The mayors of Durham, from the discontinuing of the last 

* The palace of the Nevill family. 



THE CITY OF DURHAM. 77 

clothworking in the year 1619 or 20, again received the money 
arising of the stock, and yearly accounted for it to the governors 
till the year 1659, and then a treasurer received it; and so it 
continued during the troubles, and till after the restoration, to 
wit, in December 1669, when a commission of pious uses was 
awarded to bishop Cosin, Dr Sudbury then dean of Durham, 
and others, and thereupon an inquest was taken, whereby one 
John Heighington, who had been mayor of Durham, was found 
debtor for Smith's charity 4141. and for charities given by others 
almost as much more ; but all that was got in satisfaction there- 
of was only the house and shop in the market-place, in Mrs 
Fulthorpe and alderman Paxton's possession, valued at 18l. per 
annum called Heighington's Burgage. 

In the year 1659 the receipt of the mayors of Durham was 
discontinued, and a treasurer appointed to receive and pay out 
the stock as the governors ordered. All the collieries are now 
failed, and have so been for many years past, so that all the 
stock* consists of 

The New-Place, let for about per annum 40 
Wydop Leezes, p. ann. ... ... 50 

Dye- Houses, p. ann. ... ... 1600 

Hager Leezes, p. ann. ... ... 300 

Heighington's Burgage, p. ann. ... 18 

Newby's House, p. ann. ... ... 200 

All this was purchased by the governors out of Smith's cha- 
rity, and yields annually 1291. 

* Linsell bishop of Hereford and prebendary of Durham gave by will " for the 
use of the poor people of the city of L urham 1001. to be placed out at interest, or 
lands to be purchased therewith." 

F. Buney by his will dated 20th Jan. 1G2G, gave to the city of Durham " 201. to 
be lent to poor men decayed, by five marks a-picce upon good security, to be paid at 
the years end." 

Mr Walton archdeacon of Derby gave " to the city of Durham 401. to be lent 
gratis to poor tradesmen by 51. a-piece for four yeais together." 

Dr Hat twell, by will dated 9th March 1 724, gave to the corporation of the city 
of Durham " 201. ?--yeir, to be disposed of to two merchants or tradesmen of the es- 
tablished church, 10). each, that have served outtheK time in the said city, andwant some 
assistance to set up with ; which persons the mayor and six aldermen or more, are 
unanimously to pitch upon, without favour to any but those that stand in most need 
of it. And that this benevolence may have its full effect, as designed by me, it shall 
be in the power of the mayor and all the residing aldermen to bestow the whole 20l. 
on any one person whom they shall judge in their consciences to deserve it, by the 
narrowness of his circumstances. Moreover, the said 20l. per. ann. is not to I e paid 
but to the person or persons themselves, chosen by the mayor and aldermen of Dur- 
ham, according to the limitations herein named, who are to certify their choice un- 
der their hands to the trustees of this part of my last will and testament." This 
charity is chargeable on lands at Fishburn near Segdefield. 

Lord Crewej gave 1001. a year as mentioned inpage 694 of the first volume of 
this work, for putting out poor children apprentices to such trades as the mayor and 
aldermen should appoint. 



78 THE CITY OP DURHAM. 

As to cash unaltered or newly given for a manufactory, 
Old charities C There is besides this due uponl 

in < bonds from persons having do- > 90 

the stock. nation money given by several j 

In ready money 100 

("Bishop Wood's charity given to ^, 
New charities \ the poor of the city 

to be <{ Mr Cradock's money, interest 22Q 

brought in. \ and principal 

LMr Baker's money -J500 

By all this it appears, that the charitable stock of the city of 
Durham hath chiefly arisen from Mr Smith's charity, which was 
originally given for a manufactory ; but by reason of the disap- 
pointments met with, by trusting the clothworkers (who proved 
knaves) with the money, the governors in 1619 devised a dif- 
ferent disposition of the charity money as before-mentioned, for 
which end the bulk of the stock was laid out in land. Such is 
the account given of the rise of this charitable stock. 

A full illustration of the foregoing history of the charitable 
stock will appear in the inquisitions taken by virtue of the se- 
veral commissions for charitable uses mentioned hereafter. 

* " I Tho. Wood, by divine Providence lord bishop of Litch field and Coventry 
&c. I bequeath unto the city of Durham 201. yearly for ever, payable out of all my 
lands and tenements at Egglescliff in the bishopric of Durham, to be disposed of to- 
wards the relief and release of poor prisoners for debt that shall be lawfully commit- 
ted to the common gaol there, each such prisoner's debt not exceeding five pounds. 
And I will that every such prisoner so to be released shall be appointed by the mayor 
and aldermen of Durham for the time being, and their successors, or the major part 
of them. Item, I give to the corporation of Durham 1001. to be laid out by the 
said corporation, or major part of them, upon a rent charge, towards the maintenance 
of the poor of that corporation for ever." Dated llth Nov. 1690. Proved in 
Doctors- Commons 10th Nov. 1692. The above estate is now (1822) the pro- 
perty of 
Vide Strype's Survey of London, vol. ii. Append, p. 126. 

f " I George Baker of Crooke in the county of Durham, esq ; &c. And I do 
hereby desire my dear brother?, that my debts and funeral chai ges first being discharged, 
they will dispose of the overplus in such manner as by writing under my hand to 
that purpose 1 shall direct, leaving them notwithstanding to their own discretion in. 
such matters wherein they may reasonably think me overseen. Dated the 5th of 
March 1697. 5th March 1697. What I desire of my brothers (Mr Tho. and Mr 
Fran. Baker) as to the disposal of that part of my estate I leave in trust to them, I 
desire them to dispose of the sum of 5001. to pious and charitable uses, so as they 

shall think will be best employed. July 29, 1699. 1 desire that JOOOl. may be 

raised out of my estate, and disposed of by my executors according to their dis- 
cretion, in pious and charitable uses, and that these two paragraphs with all before 

be taken as part of my last will. Witness my hand." He died in Aug. 1699, 

and was buried in Lanchester church. 

The sum of 5001. is lent by the corporation to the master of the woollen manu- 
factory, without interest, for the encouragement of that trade. He also has the 
workhouses, c. rent-free. 



THE CITY OF DURHAM. 79 

The first commission bears date the 12th of March 1609 di- 
rected to William lord bishop of Durham and others, " for the 
" due execution of a certain statute made in the high court of 
" parliament, holden the 27th of October, in the 43d year of 
" the reign of queen Elizabeth, entitled, An act to redress the 
" misemployments of lands, goods, and stocks of money given 
" to charitable uses ; to enquire by the oaths of twelve lawful 
" men, &c." A new commission in like form issued, dated the 
22d of Feb. 1610. 

To these commissions, or the one of them, an inquisition 
was taken and returned at the city of Durham the 28th day of 
March, 1611, setting forth, that "Hen. Smith, of Durham, 
" gentleman, deceased, by his last will and testament, written in 
" his life time, subscribed and sealed, &c. the 20th of July, 
" 1598, did bequeath all his leases of the colemines of Hargyll, 
" Grewburne, and Sqftley, in the county of Durham, and all the 
" estate, tithe, and interest that he had therein for divers yeares 
" then unexpired, by virtue of sundry leases made to him by the 
" queen (Elizabeth) and bishops of Durham, xxlb. yearly rent 
" yssuing out of the cole-pitts called Carter-thorne Colliery-pitts, 
" in the said county ; the interest in which myne of coales he in 
" his said will devised to Toby lord archbibhop of York, his 
" grace .then bishop of Durham, to all his terme therein yet for 
66 sundry yeares by course of tyme contynuing, to the cittie of 
" Durham, with all his coales above the ground, with all imple- 
" ments whatsoever, and all books of reckonnings, with all leases 
" and writings touching the said colepitts, with all the coales 
" provided for those uses, and two great chests wherein they 
" were ;* that the increase thereof might be employed to the 
" benefit of manie, &c. And they also say, that he did by his 
" last will give sundry legacies to sundry his friends, amounting 
" in all to the sum of 3051. and for the payment of the said le- 
" gacies only, did nominate Tho. Pearson then alderman of the 
" said city of Durham, Edw. Wanles of the said city, dyer, and 
" Wm Hall of the same, draper, his executors ; and upon pay- 
66 ment of the said legacies did ordaine, that his said executors 
" should be no further troubled ; and all the rest of his goods 
66 he did bequeath to the city of Durham for the uses above ex- 
" pressed." And then sets forth the receipt of the profits of the 
colemines from the year 1598 to 1607, but no amount is men- 
tioned. The inquisition also further sets forth, that " John 
" Franktyn, then late of Coken, in the county of Durham, gen- 
" tleman, did, by his last will, dated the 19th of Nov. 1572, be- 

* So in the original. 



80 THE CITY OF DURHAM. 

" queath 1001. to the mayor, aldermen and others of Newcastle, 
" upon condition that they should see paid for the same xL 
" yearly for the increase thereof (part of which) 3l. 6s. 8d. to 
" the prisoners and other poor people of Durham." 

Several subsequent commissions issued, one in 1617, another 
1622, a third 1629, and a fourth during the usurpation in 1659, 
directed to Sir Tho. Widdrington, knt. Sir Arthur Hazelrigg, 
bart. Sir Geo. Vane, knt. Francis Wren, &c. &c. and a fifth, 
dated the 10th of Dec. 1669, to which latter an inquisition was 
taken and returned, dated the 4th of Nov. 1670, which sets 
forth, that " it appears by an inquisition, taken at Durham on 
" the 22nd day of June, 1650, before, &c. that one Mr John 
" Heighington, late of Durham, alderman, being mayor of the 
" said city in 1637, got then into his hands several large sums- 
" of money, belonging to the charity stock of the said city of 
" Durham, as follows ; of the donation of Mr Hen. Smith, 1 3 ll. 
" Is. 4d. of the donation of Mr Hugh Hutchinson^ 1701. of, 
" &c. of Mr Francis Buney, 20l. of, &c. of Mr John Walton, 
66 some time alderman of Derby, 5l. of, &c. of Dr Augustine 
" Linsells, 1961. in all 5421. Is. 4d. That the said John 
" Heighington did afterwards, &c. clear himself of 20l. of Mr 
" Buney's money, and 1961, of Dr LinselPs donation; but in 
" 1663 was in arrear to the said charitable stock, part of Mr 
Smith's donation, 414-1. 13s. lOd. of Mr Hutchinson's 2081. 
"of Mr Walton's 10l. in all, 6321. 13s. lOd. of which he 
" was decreed to pay within three months ; but that no part 
" either for principal or interest had been paid : So that with 
" interest from the 12th of Nov. 1663, at 6l. per. cent, the whole 
" amount is 8981. 8s." 

There is a charity or blue-coat school maintained in the city 
by subscriptions and other charitable benefactions. It was be- 
gun in 1718, for six boys; in 1736, six girls were added; since 
that time, as the fund increased, the numbers also increased ; so 
that now 30 boys and 30 girls are cloathed and educated ; and 
seven boys in 1750 were superadded, in pursuance of the will of 
Mrs Ann Carr, who left 5001. to be placed out at interest for 
that purpose. 



THE 



HAVING shewn the government of the city, and privileges 
of the incorporated body, we beg leave to call the reader's 
attention to the history and description of the cathedral church. 

In the preceding volume, under the annals of the bishops, 
are shewn the origin and foundation of this rich church, which 
renders it unnecessary now to revert to many of the facts there 
stated. 

The reader will recollect, that in the first institution this 
church was served by secular clergy, who are said to have been 
governed by a provost. Bishop Walcher first projected a change, 
intending to introduce regular canons, but did not live to effect 
his purpose. His successor, William de Carilepho, in the year 
1083 accomplished that matter, aided by the power of the crown, 
under* the influence of the See of Rome. He applied to pope 
Gregory the Seventh for his precept or licence, on which he 
grounded his charter,* thereby declaring he granted the same 
by the command and council of the holy See, and that the king 
was present at the time of making thereof; and ordained, that 
all future priors of the church at Durham should possess the 
liberties, dignities, and honours of abbots, with the abbot's seat 
in the choir of the church ; and to hold all their lands, churches, 
and possessions in their own hands and free disposition, so as 
the revenues thereof might thereby be increased as much as pos- 
sible, exempted from royal customs.t He obtained the king's 
diploma to maintain and support his charter, dated in the year 
1084, establishing the removal of the secular clergy from his 
episcopal church, and translating thither monks from Jarrow 
and Weremouth monasteries, who were of the order of St Au- 
gustine ; by which instrument the king ordained, that all priors 
of that monastery should possess the same liberties, customs, 
dignities, and honours, as abbots ;J to hold the left-hand seat in 
the choir ; have full power of appointing and removing the offi- 
cers of the church ; similar to the authority of a dean, have the 
first place and voice after the bishop ; when in chapter, the first 

VOL. II. L 

* Vid. notes vol. i. p. 135, where an extract from this charter is given. 
t Lei. Col. vol. ii. p. 384. Wharton's Anglia Sacra, p. 785 Dugdale's Mo- 
nast. Angl. rol. i. p. 42. 
t See vol. i. p. 164. for this record. Monast. Ang. %ol, i. p. 44. 



82 THE CATHEDRAL. 



voice in all elections to the See; and, whatever dignities and 
honours the dean of York held, inferior to the archbishop, but 
superior to the archdeacon, the prior of Durham should equally 
hold in inferiority to his prelate, but in superiority of the arch- 
deacon. By this instrument, the king also confirmed whatever 
the bishop had granted to his convent ; and declared his protec- 
tion of the monastery and its possessions, as well those then en- 
joyed, as whatever should thereafter be acquired by the money 
of St Cuthbert or otherwise, with sac and socne, tol and team, 
and infangeont/ieqff privilege of courts, and wreck of the sea : And 
he also thereby ordained, that the convent and their people 
should be for ever thereafter exempt from all outgoings, exac- 
tions, rents, tolls, and all other royal customs appertaining to 
the crown. This diploma was signed in the presence of the bi- 
shops and peers of the realm, who subscribed and attested the 
same.* The bishop also gave to the monastery full jurisdiction 
over all their churches, and acquitted them of the authority of 
their prelate and archdeacon, save only touching the cure of 
souls; and in the year 1094- he decreed, that the priors should 
for ever thereafter be archdeacons of the whole diocese of Dur- 
ham, vicars-general, and officials.f 

* A catalogue of the priors of Durham in Steven's Monast. vol. i. p. 350. 

The prior of Durham had a protection granted by K. Edw. I. when all other 
monasteries were obliged to sue for such. Ibid. p. 174. 

Catalog. Prior. Dunelm. in Bibl. Cotton. Vespasian A. 6. 

Cl. Reyner's Appendix de Monachis Banedictinis, Script. 37, p. 42. 

Registrum Prioratus Dun. Barnard. Catalog. MSS. p. 261. Several mat- 
ters relating to the priors of Durham, transcribed from the orig. in Cotton Libr. 
Bern. pi. 2, p. 60. S'ti Bernardi ep. ad priorem et convent. Dunelm. in Biblio- 
theca Dec. et Cap, Dunelm, Jib. iv. 24, p. 96. 

The priors of this church were always invested with the dignity and privileges of 
abbots. J. Wessington de Juribus et Possessionibus Ecclesise Lunelm. MSS. in 
Bibl. Cotton. Vitellius A. 9. 

Walt's Glossary in Math. Paris. 

The priors of Durham summoned to sit hi parl. Dugd. Summons, p. 1. Ful- 
ler's Ch. Hist. lib. 6. His History of Abbeys, p. 292.Selden's Titles of Hon. pi 
2, c. 5, p. 598, 599. 

Concerning the government of the monasteries of Benedictines. see the stat. in 
Walt's addition to Math. Paris, p. 169, 228, 244. Ceremonlale Benedict, p. 77, 
115, 151, 194, vide Ordinaiium totius anni, ibid. p. 211. 

Durham Col. Oxen, dedicated to St. Cuthbert, founded by the prior and convent 
of Durh. 1290, for eight Benedictines. 

A college founded by the prior and convent of Durh. 1 426, at Hemmirtgburgh 
in Yorkshire, for a provost, three canons, six vicars, and six clerks, dedicated to the 
Blessed Virgin. Dudg. Mon. torn. iii. pi. 2, p. 96. 

Reyner, in his Apostolatus Benedictorum in Anglia, makes the arms of the priory 
of Durham to be a chevron between three lions argent. Grey's MSS. 

See Tanner's Notitio Monastica, p. 112, where there is a full repertory of books, 
charters, &c. relating this church. 

f 1083, Monachi in Dunelmum convenerunt, jubente rege Gulielmo majore, 7 
cal. Jan. feria 6. Gulielmo interim Dunelmensi episcopo, de sede apostolica, lit- 



THE CATHEDRAL. 83 



The seculars, though removed from the seat of dignity, were 
not sent abroad unprovided for, several places being prepared 
for their residence, as will be shewn in the course of this work. 

Not content with solely accomplishing so great a reformation, 
this prelate gave to the monastery, Rennington, the two Fitting- 
tons, Hesselton, Dalton, Merrington, Shincliff, and Elvet ; with 
Willington and WalPs-End north of Tyne, together with the 
churches of Lindisfarn, the adjacent villages of Fenham, Nor- 
ham, and Skirworth, with divers churches in Yorkshire; and 
other donations were added by the king, among which are land 
in Reversion and Gretham. 

After the bishop's return from exile, he furnished the altar 
with various vessels and ornaments of gold and silver, and gave 
to the convent a large collection of valuable books.* It would 
be an unprofitable labour in this place to note the several gifts 
of lands, as the whole possessions of the church appear in the 
endowment after the Reformation. 

The bishop, conceiving the church built by his predecessors 
was not of suitable magnificence to the dignity and increasing 
power of the See, formed a plan for a new erection, similar to 
the superb structures he had seen on the continent ; and in the 
year 1093 he began to erect the stately edifice, now the subject 
of our attention. Though the art of making glass was intro- 
duced from France in the beginning of the seventh century, and 
Eddius, who wrote the life of Wilfrid, and lived about the year 
720, asserts, that he glazed the windows of the church of York 
when he repaired that edifice, yet we have no proofs to maintain 
the assertion. It is probable that the use of glass prevailed 
greatly when our prelate began this work. The original form 
of the windows was of the circular arch, similar to the galleries 
above the ailes, and they were constructed for glazing. Glass 
windows introduced great embellishments in public edifices, as 
the use of stucco and plaistering succeeded that improvement ; 
before which the insides of the walls were regularly chisselled 
and polished ; which circumstance has contributed greatly to 
the permanency of ancient buildings, the inside surface being as 
exactly compacted as the outside. The large windows intro- 
duced in this building are apparently of a fashion and fabrica- 
tion more modern than the eleventh century, their pointed arches 
in no wise corresponding with the mode which is adopted through 
the greatest part of the ancient edifice, that kind of arch being, 

teras Gregorij papas 7 ad Gulielmi regis consilium apud Westmonasterium deferente, 
canonicos de ecclesia sua amovere, et monachos substituerey omnium consensu, im- 
petravit. Ex. Hist. Rog. Hoved. Lei. Col. v. iii. 
* Lei. Col. vol. ii. p. 381. 



8* THE CATHEDRAL. 



as our best authors agree, introduced since the reign of Henry II. 
In the plates given in the Monasticon, the western towers are 
ornamented with spires, which went to decay, and were removed 
many years ago. In Willis's Cathedrals is a beautiful plate of 
the north front, dedicated to bishop Talbot, but the drawing is 
contracted and inaccurate. 

The foundation of the church was laid on the llth of Aug. 
1093, with a solemnity suited to so great and pious a work, the 
bishop being assisted therein by Malcolm king of Scotland, and 
Turgot the prior : But the prelate departing this life in the year 
1095,* saw but a small part of his plan carried into execution. 
The work was zealously proceeded in by his successor bishop 
Flambard, who lived to see great part of the building up to the 
roof.f 

We are not informed in what state the monastic buildings 
were at the time the new foundation of the church was laid. 
W T hilst bishop William was in exile, the convent built their re- 
fectory or frater-house,f a description of which is given in the 
notes. The present library was built where it stood. 

* 1093, llth Aug. Juxta Turgot. 

1094, 12th Aug. Annal. Dunelm. Wharton (notes). Bishop William died 

2dJan. 1096. 

f Symeon Dun. Wharton's Angl. Sac. 

| A description of this cathedral church, and various ceremonies there used, was 
published by J. Davies of Kidwelly in 1671, collected from antient manuscripts 
about the time of the suppression of religious houses, and reprinted at Durham in 
the year 1733 by John Richardson, a bookseller there, together with several addi- 
tions, and particularly a description of the fine paintings in the windows, therein al- 
ledged to be written by prior Wessington ; again reprinted 1767 by Patrick San- 
derson, another bookseller there, with additions. 

The author was favoured by John Hogg, esq ; of Norton, with a curious manu- 
script roll, apparently the manuscript, or a copy of that from whence Davies com- 
piled his work ; he was also favoured with another compendious manuscript by Sir 
John Lawson, bart. and from these, several notes relative to the ancient state of the 
church are compiled. 

The SOUTH ALLEY of the CLOYSTERS. 

On the south side of the cloysters, was fastened to the wall at the side of the 
cloyster door, a seat, having four feet and a back of wood, and boarded under foot 
for warmth : On this the porter was seated, to keep the cloyster door. % The last 
porter was Edward Pattison. From the stool westward, on the south side, was a 
long bench of stone, almost to the Frater-house door, whereon were seated certain 
children in a row, upon Maunday Thursday, it being intended for that purpose. 
The whole convent of monks had each a boy assigned him, whose feet he was to 
vrash and dry with a towel, and every monk then kissed the feet he had washed, and 
gave to each child thirty pence in money, seven red herrings, three loaves of bread , 
and a wafer cake, serving every child with drink themselves : This godly ceremony 
thus ended ; after prayers said by the prior and convent, they all departed in good 
decorum. At the end of the bench adjoining to the Frater-house door, was a fine 
almery fixed to the wall, and another on the other side of the door; the fore part of 
the almeries was through-carved work, to admit air to the towels, and three doors in 
the fore part of each almery, and a lock on each, to which every monk had a key, to" 



THE CATHEDRAL. 



ALDWINE, 

who was the head of the monastic houses of Jarrow and Were- 
mouth, at the time their monks were translated to Durham, was 

dry their hands with the towels when they washed and went to dinner. This stool 
and bench Tobias Matthew, then dean of Durham, caused to be taken down, and 
made as plain as the rest of the floor of the cloysters. 

The FRATER-HOUSE. 

In the south alley ef the cloysters, is a large hall, called the Fratcr-house, finely 
wainscotted on the north and south sides; and in the west and nether part thereof 
is a long bench of stone, in mason-work, from the cellar door to the pantry or cove 
door : Above the bench is wainscot-work two yards and a half high, finely carved, 
set with embossed work in wainscot, and gilded under the carved work. Abov the 
wainscot was a large picture of our Saviour Christ, the blessed Virgin, and St John, 
in fine gilt work, and most excellent colours ; which pictures having been washed over 
with lime, did long appear through it. This wainscot had engraven on the top of it, 
Thomas Castell, prior, anno Do r ii 1-*>18, mensis Julij. Whence it is manifest, 
that prior Casteli wainscotted the Frater-house. 

Within the Frater-house door, on the left-hand at entering, is a strong almery in 
the wall, wherein the great mazer, called the grace-cup, stood, which every day serv- 
ed the monks after grace, to drink out of round the table ; the cup was finely edged 
about with silver, and double gilt. In the same place were kept many large and 
great mazers of the same sort ; among which was one called Judas's cup, edged 
about with silver, and double gilt, having a base to stand upon of silver double gilt : 
This was never in use but on Maunday Thursday, at night, when the prior and con- 
vent met to keep their Maunday. In the same almery was a goodly cup, called St 
Bede's bowl ; the outside was of black mazer, the inside of silver double gilt, and 
the edge finely wrought with silver, and double gilt; in the midst was the picture of 
the holy St Bede, sitting in a writing posture ; the base thereof of silver, double 
gilt, with four joints of silver coming down, all double gilt from the edge to the base, 
to be taken in pieces. In that almery lay all the best plate that served the whole 
convent in the Frater-hcuse on festival days ; and there was a fine work of carved 
wainscot, and a strong lock on the door, so that none could perceive there was any 
almery at all, the key-hole being made under the carved work of the wainscot : And 
there is another large almery within the Frater-house. on the right- hand on going 
to the cellar, of wainscot, having several almeries within, fine wrought, and varnished 
over with red varnish, in which lay several table-cloths, salts, mazers, a bason and 
ewer of latten, with other things pertaining to the Frater -house, and the loft where 
the monks dined and supped. Every monk had his mazer to himself to drink in, 
and all other things that served the whole convent, and the Frater-house, in their 
daily service, at their diet, and at their table. All the mazers were finely edged 
with double gilt silver, and another bason and ewer of latten. On this ewer was 
pourtrayed a man on horseback, as riding a-hunting, which served the sub-prior to 
wash his hands in at the aforesaid tablp, he sitting there as chief. 

In this Fiater-house the prior and whole convent of the monks held the great 
feast of St Cuthbert, in Lent, having their meat served out of the dresser-window of 
the great kitchen into the Frater-house, and there dtink out of the great cellar. 

From the east end, being the highest of the I rater-house, adjoining to the deanery, 
the roof of lead was taken down by dean Whittirigham, and that part annexed to his 
own house, making it a flat roof, whereby he gained twenty pounds. 

At the east end of the Frater-house stood a neat table, with a screen of wainscot 

over it, being kept for the master of the novices, the elects, and the nbvices, to dine 

and sup at, having their meat served to them in at the dresser window from the 

great kitchen, and their drink out of the great cellar. 

At these times the master observed these wholesome and godly orders, for the 

continual instruction of their youth in virtue and learning ! that is* one of the no- 



86 THE CATHEDRAL. 

made the first prior of the convent. He was originally of 
Wincelcambe,* but having an irresistible desire to visit the ve- 
nerable monastic remains in the north, travelled into this pro- 
vince, accompanied by two monks from Evesham. They ar- 
rived in this country in the year 1073, and first sat down at 
Monkch ester, now Newcastle ; but on the invitation of bishop 
Walcher, came to the ruined house of Girwa or Jarrow. That 
place soon becoming crowded by the number of devotees who 
resorted thither, several colonies emigrated from thence : One 
body of monks settled at Streoneschale or Whitby ; another at 
York, from whom arose the noted monastery of St Mary ; ano- 
ther went to Melros; and a fourth to Weremouth. Aldwine 
enjoyed his new dignity but a very short time, he departing this 
life on the 12th of "April, 1087. His, uccessor 

TURGOT, 

to whom the modern historian is so much indebted for informa- 
tion touching the ancient state of this See, was said to be of noble 
birth, and, in his youth, one of those unhappy persons who were 
confined in the castle of Lincoln, soon after the Norman con- 
quest : Escaping from prison, he fled to Norway, and was gra- 
ciously received. Some years after, returning to England, he 
suffered shipwreck, and lost all his effects. He resorted to Dur- 
ham, where he obtained protection of bishop Walcher, who re- 
commended a religious life to him, and placed him under the 
tuition of Aldwine at Jarrow. From that monastery he went to 
Melros; from thence to Weremouth, where he assumed the 
monastic habit; and, lastly, returned to Durham. On Aid- 
vices, appointed by the master, read some part of the Old and New Testament in 
Latin, during dinner, havir g a convenient place at the south end of the high table, 
within a beautiful glass window, encompassed with iron, and certain stone steps, 
with iron rails to go up to an iron de^k, whereon lay the holy Bible. When he had 
done reading, the master rang a silver bell, hanging over his head, thereby giving 
notice to one of the novices to come to the high table and say grace ; and that end- 
ed, they departed to their books. 

Within the cloystcr-garth, over against the Frater-house door, was a fine laver or 
conduit, for the monks to wash their hands and faces in, being in form round, 
covered with lead, and all of marble, excepting the cuter wall, within which they 
/might walk about the laver. It had many spouts of brass, with 24 brazen cocks 
about it, and seven windows of stone work in it ; and above, a dove cot covered with 
lead. The workmanship was both fine and costly. Adjoining to the east side of 
the conduit door hung a bell, to call the menks at eleven o'clock, to wash before 
dinner. In the closets or almeries, on each side of the Frater-house door, in the 
cloysters, towels were kept white and clean to dry their hands upon. 

* Lei. Col. vol. i. p. 332. Aug. Sac. p. 787 Chronic. Melros, p. 160, (edit. 
Gale) makes Aldwine to have founded the monastery anno 1073. He was archdea- 
con of Durham. Grey's Notes. 

The monks built their own offices, and the bishop was at the charge of building 
the church, Stevens' Monast. vol. i. p. 350. 



THE CATHEDRAL. 87 



wine's death, Turgot, with the general assent of the prelate and 
monastery, was elected prior of Durham in the year 1087, the 
office of archdeacon being annexed to that dignity. The mo- 
nastery profited greatly by his prudent government ; the privi- 
leges were enlarged, and revenues considerably increased by his 
influence ; and he promoted many improvements in the sacred 
edifices. He contributed an everlasting ornament to the mo- 
nastery by the Ecclesiastical History which he compiled, begin- 
ning with the foundation of the See, and proceeding to the year 

1096. After filling the office of prior with great dignity and 
and piety for near twenty years, he was elected bishop of St 
Andrew's and primate of Scotland in 1 107, and consecrated by 
archbishop Thomas, at York, on the 1st of August, 1109,* 
Dissentions arising between bishop Turgot and the king of 
Scotland, the prelate's anxiety and distress of mind brought on 
a decline of health, under which he obtained permission to re- 
turn to England; and came back to Durham in the year 1115, 
where he resided little more than two months before his death. 
Stevens saith, that he returned to Durham after the death of 
king Malcolm and his queen.f He was buried in the chapter- 
house, between bishops Walcher and William. 

* Aug. Sac. 786. Hoveden, 261. Symeon, 237. 

f He was grave, modest, sober, temperate, prudent, of great authority, and no less 
piety and erudition, The veracity in his writings is reckoned unquestionable, for, 
beside his natural modesty, he never committed any thing to paper, of the certain 
truth whereof he was not thoro'ly assured. Stevens' IN Ion. p. 199. 

Willis's Hist, of Mitr. Abb. p. 259. Spotiswood's Ch. Hist, of Scotland, p. 

30 and 31, saith, Turgot died in Scotland, and was from thence conveyed to and 
buried at Durham : And in the Appendix, p. 43, saith, Turgot was bishop of St 
Andrew's 1063. 

Turgot wrote De Exordio et Progressu Ecclesise Dunelm. ab. an. 635 ad. an. 

1097. MSS. in Bibl. Cotton. Faustina A 5. which was transcribed by Symeon 
Dunelm. inter 10 scriptores. Vide Selden. Prefat. ib. Collier's Supplement. 
Monuments of Durham, p. 94, 113. Archbishop Usher's Letters, p. 315, 321. 
Lei. Col. vol. i. pi. 2. p. 586. Stevens, Monasticon, vol.i. p. 199, saith, he was one 
of the hostages given to William the Conqueror for Lindsey and the castle of Lin- 
coln, &c. By his advice Malcolm king of Scotland repaired the monastery of 
Durham. He wrote the Life of King Malcolm and his queen Margaret, of the 
kings of Scots, Annals of his Own Times, and Chronicle of Durham. After the 
death of king Malcolm and his queen, he returned to Durham, and soon after died. 

Symeon Dunelmensis, a Benedictine, and precentor of Durham, who lived in the 
same age, made very bold with Turgot's performance, and leaving out some few 
passages relating to Turgot's person, transcribed his book, and published it under his 
own name. Notwithstanding the conjecture of Pits and Bale, 'tis plain Turgot 
wrote his Annals or History in Latin. Collier, vol. i. p. 307. 

The CUSTOM of BURYING PRIORS. 

The priors of the house of Durham were accustomed in ancient time to be buried 
in their boots, and wound in their cowls by the barber, as the monks used to be 
buried. The dead prior was carried out of his lodgings in the priory, to the cham- 



88 THE CATHEDRAL. 



After Target's departure for the See of St Andrew's, unhappy 
dissentions took place between the monastery and bishop Flam- 
bard ; no prior was appointed for a considerable time ; and the 
duties of archdeacon, official, and vicar-geueral, were severed 
from the office of prior : The bishop also possessed himself of 
several of the conventual estates, as lands beyond the bridge 
which he built, called Framwelgate or Durham bridge, Stain- 
drop, Blackiston, lands in Wolviston and Burdon, and the 
church of Siggeston. 

Before we advance further in the history of this church, it is 
necessary to observe, that the monks translated thither were of 
the Benedictine order. They followed the rules of St Benedict, 
who was borne at Norsi, in the dukedom of Spoletto, in Italy, 
about the year 480, and died about 54?3. But his rule seems 
not to have been confirmed till 5 C 2 yenrs after his death, when 
pope Gregory the Great gave a sanction to it. The habit of 
these monks was a black loose coat, or a gown of stuff reaching 
down to their heels, with a cowl or hood of the same, and a 
scapulary; and under that, a white habit, as large as the former, 
made of flannel, with boots on their legs ; and from the colour 
of their outward habit, they were generally called Black monks. 
This rule was introduced into Elngland in king Edgar's time, 
but never perfectly observed till after the Conquest. Of this or- 
der were all our cathedral priories, except Carlisle arid most of 
the richest abbeys in England. 

The benedictines were obliged to perform their devotion seven 
times within four-and-twenty hours.* At cock- crowing, or the 
NOCTURNAL: This service was performed at two o'clock in the 
morning: The reason for pitching upon this hour, is taken 

her in the infirmary, called the Dead Man's Chamber, there to remain a certain 
time : At night he was carried into a chapel opposite to that chamber door, called 
St Andrew's Chapel, and was watched all that night by the children of the almery, 
reading David's psalms over him ; and two monks either of kindred or kindness, 
were appointed to sit all night at his feet, mourning for him. In the morning he 
was carried into the chapter-house, where the same solemn service was performed 
for him, which the monks had at their burial ; thence he was carried through the 
parlour into the centry-garth to be buried, where every prior lay under a fine marble 
stone: And the monks and barber buried him with a little chalice of silver, other 
metal, or wax, which was laid upon his breast within the coffin, and his blue bed was 
held over him by four monks till he was buried, which the barber had for his pains 
for making the grave and burying him, as he had for the monks. 

Afterwards the priors were buried within the church, and not in the centry-garth 
in the same order and habit, with the mitre, and all other furniture, as their prede- 
cessors were buried before them in the centry-garth. Ancient Customs of the 

Church at Durham. 

* Concord Regular, collected by St Benedict, and published with a comment by 
Friar JEnard 1638. Fuller's Ch. Hist. lib. vi. p. 287. Collier's Ecc. Hist. lib. 
ii. p. 107. 



THE CATHEDRAL. 89 



partly from David's saying, At midnight I will praise the Lord, 
and partly from a tradition of our Saviour's rising from the 
dead about that time. MATINS : These were said at the first 
hour, or, according to our computation, at six o'clock : At this 
time the Jewish morning sacrifice was offered : The angels like- 
wise were supposed to have acquainted the women with our Sa- 
viour's resurrection about this hour. The TIERCE ; which was 
at nine in the morning, when our Saviour was condemned and 
scourged by Pilate. The SEXTE, or twelve at noon. The 
NONE, or three in the afternoon : At this hour it is said our Sa- 
viour gave up the ghost; besides which circumstance, it was a 
time for public prayer in the temple at Jerusalem. VESPERS, at 
six in the afternoon : The evening sacrifice was then offered in 
the Jewish temple ; and our Saviour is supposed to have been 
taken down from the cross at this hour. The COMPLINE : This 
service was performed after seven, when our Saviour's agony in 
the garden, it is believed, begun. The monks going to bed at 
eight, had six hours to sleep before the Nocturnal began : If 
they went to bed after that service, it was not, as we understand, 
reckoned a fault ; but after mattins they were not allowed that 
liberty. At the tolling of the bell for prayers, the monks were 
immediately to leave off their business ; and herein the canon 
was so strict, that those who copied books, or were clerks in any 
business ; and had begun a text letter, were not allowed to finish 
it. Those who were employed abroad about the business of the 
house, were presumed to be present, and excused other duties ; 
and that they might not suffer by being elsewhere, they were 
particularly recommended to the divine protection. The monks 
were obliged to go always two together ; this was done to guard 
their conduct, to prompt them to good thoughts, and furnish 
them with a witness to defend their behaviour. From Easter to 
Whitsuntide the primitive church observed no fasts; at other 
time the religious were bound to fast till three o'clock on Wed- 
nesdays and Fridays ; but the twelve days in Christmas were 
excepted in this canon. Every day in Lent they were enjoined 
to fast till six in the evening : During this solemnity, they short- 
ened their refreshment, allowed fewer hours for sleep, and spent 
more time in their devotions ; but they were not permitted to go 
into voluntary austerities, without leave from the abbot. They 
were not to talk in the refectory at meals, but hearken to the 
scriptures read to them at that time. The Septimarians, so cal- 
led from their weekly offices of readers, waiters, cooks, &c. were 
to dine by themselves after the rest. Those who were absent 

VOL. II. M 



90 THE CATHEDRAL. 



about business, had the same hours of prayer prescribed, though 
not the same length of devotions. Those sent abroad, and ex- 
pected to return at night, were forbidden to eat till they came 
home : But this canon was sometimes dispensed with. The 
Compline was to be solemnly sung about seven at night : The 
service concluded with this verse, Set a yoatch, O Lord, before my 
mouth, and keep the door -of my lips. After this service the monks 
were not allowed to talk, but went to bed immediately. They 
were all to sleep in the same dormitory, but not two in a bed : 
They lay in their cloaths. For small faults they were excluded 
the public table ; but for greater, were debarred religious com- 
merce, and the service of the chapel : And those conversing with 
a person under such censure, were liable to the same punish- 
ment. Incorrigible criminals were expelled the monasteries. 
When a brother was again received after expulsion, he lost his 
seniority, and was placed the last in the convent. Every monk 
was to have two coats and two cowls; and when they had new 
cloaths, their old ones were given to the poor : Each had a ta- 
ble-book, a knife, a needle, and a handkerchief: The furniture 
of the bed was a mat, blanket, rug, and pillow. The superior 
was never to dine alone ; so, when there were no strangers, he 
was to invite some of his brethren to his table. Such were the 
regulations of this monastery. 

In the year 1109 the bishop consented to nominate 

ALGAR 

to be prior.* He presided over the monastery till the year 
1137, (according to Stevens) when he departed this life. The 
bishop was reconciled to the convent in this prior's time, and in 
the year 1128 restored several of the possessions which he had 
usurped, and filled the vacant offices. In a solemn act of expia- 
tion, he confirmed the restitution, by offering a ring at the high 
altar, and granting two several written charters to that purpose, f 
He also enlarged and ornamented the common hall of the mo- 
nastery, and gave to the convent the hermitage, church, and 
possessions of Finchale. He opened out the north front of the 
cathedral church, and cleared away all the buildings which 
crowded the area or plain between the cathedral and castle, ren- 
dering it a level and beautiful square, which then took the name 
of the Placea, or Green Place, of which we shall speak in course. 
After this prelate's death, the monks proceeded in the building 
of the church, and during the vacancy of the See finished that 
great work. 

* Wlmrton's Ang. Sac. p. 786. -Lei. Col. vol. i. part 2, p. 390, 391. 
f Vide notes to vol. i. p. 1 83, of this work, where the charters are set forth. The 
ring was in that age used as a sacred emblem of unity and solemn compact. 



THE CATHEDRAL. 91 



Galfrid, surnamed Rufus, who succeeded to the bishopric, 
built the chapter-house for the convent. Soon after Algar's 
death, 

BOGER 

was made prior ; a man of the most pious life, brought up from 
infancy in the discipline of the cloister. He held a controversy 
with archdeacon Wazo, touching the place of honour on the 
right-hand of the bishop; which was adjudged to be the prior's 
right, by bishop William de Sancta Barbara, in the year 1147. 
He held his dignity during the whole time of Cumin's usurpa- 
tion, and departed this life in the year 1149.* 

LAWRENCE 

was then made prior ;f after whose coming in bishop William 
survived only three years, and was succeeded by bishop Pudsey, 
in the year 1153. The prior is described as a man of approved 
discretion, of a heart superior to evil, possessing a refined elo- 
quence, and duly disciplined in religious rules. Strenuous in 
the matter of Pudsey's election, he was included with the rest of 
the religious body in the sentence of excommunication pro- 
nounced by the archbishop of York, and underwent the discip- 
line of the whip in Beverley church ; after which he travelled to 
Rome with bishop Pudsey, and died as he was returning in the 
year 1 154. His remains were brought to Durham, and interred 
in the cemetery-yard.:): He was a man of singular prudence 
and learning, a great writer, and many of his works are spoken 
of with much applause. There are nine MSS. of his in the bi- 
shop's library.J He was succeeded by 

ABSOLOM^ 

a person of whom little more is known than that he had a foreign 
education, and was but a shallow scholar. He was under the 
bishop's displeasure during the whole time he held this high of- 
fice, and from weakness and want of resolution suffered the an- 
gry prelate to infringe the privileges of the convent in various 
instances. He departed this life in the year 1162.JJ 

M 2 

* Ang. Sac. p. 787. v 

| Angl. Sac. p. 787. , 

| The custom of burying within the church had not then taken place. 

Ang. Sac. p. 787. Stevens' Mon. vol. i. p. 351. Lei. Col. vol. ii. p. 565. 

vol. iii. p. 41. De Scrip, vol. i. c. 174. 

|| Geof. de Coldingham Wharton's Ang. Sac. p. 781, 787. MSS. B. iv. 

26, p. 1. In the library of the dean and chapter of Durham. Hie incipiunt insti- 
tuta priorum Dunelm. ecclesiae facta per consensum capituli. Constitutum est in 
capitulo a priore Absolom & conventu, ut in mandate quod fit in soena d'ni unus- 
quisq. monachus duos pauperea habeat et sexternos denarios ; singulis dans pauperi- 



92 THE CATHEDRAL. 

THOMAS 

was soon after elected prior. He could not brook the insolence 
which bishop Pudsey discovered on every occasion, and was of 
too great rectitude of mind to suffer passively the infringements 
that prelate repeatedly made on the rights of his monastery. He 
entered into a contest with the bishop concerning the church of 
Allerton. The monks not supporting their prior in this just suit, 
the bishop deposed him, or constrained him by his persecutions 
to resign. Jn disgust with the world, he retired to one of the 
Fame islands, in which St Cuthbert formerly had his residence, 
and, restoring some of the buildings, lived the life of a recluse, 
and died there in 1163* 

GERMAN 

succeeded in the year 1 163. He was a monk of this house, and 
described to be of a patient and forbearing disposition, prudent 
and peaceful; that, from his predecessor's example, he thought 
it better to submit to the troubles of the monastery, than en- 
crease them by fruitless contention : He continued prior to the 
time of his death, which happened in thu year 1186. In his 
time, restitution was made to the convent of several matters 
which bishop Flambard had taken away, as well as others with- 
held by the then prelate ;f but it was not till the time of his 
successor. 

BERTRAM, 

that the abbot's seat in the choir and chapter-house was reas- 
sumed, the priors having been denied that place of honour for 
several years, whilst under the prelate's displeasure. It appears 
that the office of prior was vacant for two years, Bertram not 

bus. Et ad hoc assignavit duas marcas de eccl'ia de Aclea, et xv den. de villa de 
Cramelingtona. Quod si denarii defecerint de duabus marcis que ad hoc deputate 
sun! de eccl'ia de Aclea, de communi suppleantur, donee redditus ad hoc deputetur 
qui possit suflicere. 

Ex hac nota collegi potest, fuisse ca jetate in ccenobio Dunelm. monachos saltern 
quinquaginta. Randal's MSS. 

In statutis prioris T. vid. p. 131, note ({,) tunicae 50 dantur annuatim conventui. 

* Geoff de Cold. Ang. Sac. p. 721, 787. Stevens' Mon. vol. i. p. 331. 

f Geof. de Cold. Wharton's Angl. Sac. p. 721. Wharton, p. 788. MS. lib. 

ir. 26. Dec. et Cap. Deinde constituit Germanus prior, ut unusquisque mona- 

chus in predicto mandato tres pauperes habeat et novem denanos. Et ad hoc assig- 
navit xvs. de capclla de Ertona, MS. lib. iv. 24. Folio tertio inscribitur base 
notula (Biblioth. Dec. et Cap.) Anno ab incarnatione D'ni M. C. Lxxv p . quo 
rex Henricus major recepit legantias et fidelitates de Scottis apud Eboracum, Dufgal 
filius Sumerledi et Stephanus Capellanus suus et Adam de Stanford receperunt fra- 
ternitatem eccl'ie n're ad pedes S'ci Cuthb'ti, in vigilia S'ci Bartholomei et idem 
Dufgal obtulit ibi duos annulos aureos S'co Cuthb'to et promisit se singulis annis 
quatndiu vixerit daturum conventui unam marcam sive in denariis sive in equiva- 
lentifl. 



THE CATHEDRAL. 93 



being elected till the year 1188 or 1189. He survived bi- 
shop Pudsey, and for some years before his death had power to 
conciliate the mind of that prelate, and reconcile him to the 
convent.* 

Hugh Pudsey, after the example of his predecessors, was de- 
sirous of contributing to the beauty and magnificence of the 
church at Durham, and projected a sumptuous addition towards 
the east. The only author who mentions this, is Geoffrey de 
Coldingham,f who tells us, that he began to erect a new work 
at the east end of the church, for which he imported from abroad 
marble columns and bases ; but having laid the foundations, 
and carried up the walls to some considerable height, employing 
the most skilful artists therein, the building repeatedly failed and 
shrunk, to the imminent peril of the workmen ; which sufficient- 
ly indicated to him, that the intended work was not acceptable 
to Heaven and St Cuthbert : So that he desisted therefrom, and 
built the Gallilee at the west end of the church, for the recep- 
tion of women ; where they might have the benefit of the holy 
offices, being otherwise debarred from the solemnities. It doth 
not appear the marble columns were placed in the Gallilee. It 
must be observed in this place, that the eastern transept of the 
church is rather a singularity, and was not built near the time 
of the other parts ; the architecture throughout the whole being 
different. Great improvements in architecture were made, from 
the sera of the foundation by bishop William, to the time of bi- 
shop Pudsey's death : The more elegant Gothic order took place 
of the Saxon, and the pointed arches came in use : All the win- 
dows of this part of the edifice, in the lower arrangement to the 
east, are pointed : The clustered pilasters are chiefly of marble 
though shamefully defaced and bedaubed with a wash of iime 
and ochre : There are no marble pilasters in any other part of 
the church, or any of the like order of masonry. Although no 

* Geof. de Cold. Wharton's Angl. Sac. p. 721. Wharton, 788. Stevens' 

Mon. vol. i. p. 351. MS. lib. iv. 26. Dec. et Cap. D'nus Bertramus prior cum 

concilio et consetuu capituli statuit, ut unusquisque monachis in predicto mandato 
v. pauperes habeat et ad hoc assignavit xxs. annuatim de bladis et de pasturis de 
Heworth. Et constituit ut annuatim in die S'ti Cuthberti in quadragesima pascan- 
tur centum pauperes in curia S'ti Cuthberti , et totidem in translatione ejusdem. 
Item constituit cum concilio capituli festivitatem omnium Sanctorum principalem, 
et festivitatem purifications beati Marie V'ginis similiter. Et in annunciatione et 
in nativitate S'te Maria? panem dominicum in refectorio. Et in adventu D'ni et in 
septuage^ima wastellas et albas fabas sicut in quadragesima. Statuit etiam ut in die 
Animarum pascantur centum pauperes in curia S'ti Cuthberti de quibus sexaginta 
sint cl'ici qui psalteria sua cantent pro animabus o'iu. fidelium defunclorum, Et 
similiter in crastino die pro animabus omnium parentum et benefactorum nostroriun 
fiet Et utroq. die singuli cl'ici recipiant singulos denarius. 

f Wharton's Ang. Sac. p. 722, 723. 



94? THE CATHEDRAL. 



historian tells us who finished this work, yet that it was begun 
by bishop Pudsey is certain, and left by him unfinished for rea- 
sons hid in superstitious allegory ; probably it was compleated in 
the time of bishop Farnham and prior Thomas Melsonby. The 
Gallilee, said to be built by bishop Pudsey, doth not appear to 
be wholly a new erection ; it is probable he improved it, and ap- 
propriated the place to the pious purpose before ascribed to it r 
It is formed with a triple range of pillars, so as to divide it into 
five ailes, nearly of equal width ; the arches are circular, and 
ornamented with zigzag mouldings ; the pillars are light, and 
clustered ; above the arches is a dead facing or wall, which goes 
up to the roof, without any apparent utility, and far from being 
ornamental ; the windows are pointed. It is noted to us, that 
a certain part of the most ancient churches had a place called 
the Gallilee, where the processions ended:* Those processions 
were made on the Sabbath-day, to signify or commemorate the 
passage of the disciples into Gallilee; so that in every church 
where those processions were practised, a certain station therein 
had that name. 

Bishop Pudsey gave to the church many rich ornaments, and 
greatly enlarged the power of the monastery : The Yorkshire 
churches, until the time of this prelate, appertained to the bi- 
shops, as appears by a deed of composition made with the arch- 
bishop of York about the year 1174- ; but Pudsey granted them? 
to the convent.f 

* E Catalog. Cod. MS. Ecclesiae Cathedr. Dunelm, 



13 Lucas Glosatus. 

In fine libri liaec nota legitur : " Dicitur quod in primitiva ecclesia omni quinta 
feria facieb.ant processionem in memoriam eductionis discipulorum in Bethaniam, et 
ascensionis Domini in coelum, et discipulorum etiam in templo laudantium et ex- 
pectantium : Que postea translata est in diem dominicam, et sit singulis diebus do- 
niinicis. Alii dicunt quod proce^sio fit in diebus dominicis, ad significandum, quod 
discipuli secuti sunt in in Galileam : Unde in quibusdam ecclesiis stationem faciunt 
in Galilea." 

Hanc notam exscripsi, ut peteret. mos ecclesiasticus processiouis faciendi, saltern 
ante earn aetatem, qua codex hie scriptus est, circ. an. 1 150. 

Quaere an Galilea in occidental! parte hujus ecclesia? ( Dunelm. ) nomen inde trax- 
erit, quod stationis et processionis iste in ea fierent. - Randal's MSS. 

f Compositio inter Rogerum archiep. Eborum et episc. Dunelm. super ecclesiis St 

Cuthberti.% 

Capella et cimiterium de Alvertvna in manu. prioris Hagustald erunt, ita quod 
archiepiscopus non coget aliquem ibi sepeliri, nee episcopus prohibebit. 

Ecclesia Hagustald crisma et oleum recipiet a Dunelmensi ecclesia, sicut solet : 
Prior quoq. veniet ad synodum Dunelm. clerici et canonici Hagustald ab episcopo 
Dunelm. ordines recipient, parochiam Hagustald in Pentecosten visitabunl, si volu- 

| Vide Hoveden, p. 309, edit. 1.596. Mon, Angl. torn. iii. p. 163. 



THE CATHEDRAL. 95 



On bishop Pudsey's death, Hugh Bardolph had custody of 
the temporalities of the See, whose officers entered the church, 

erint. Prior Huguitald omnia placita ecclesiastica illius parochise placitabit sine 
paena pecuniaria, et pecunias dabit. 

Decedente vero priore Richardo, qui mine est, earn auctoritatem habebit episcopus 
Dunelmensis in alterius prioris constitutione, quam idem prior Richardus, et prior 
Guiseburn, et Pctrus frater prioris de Brcnlynton, juraverunt ecclesiam Dunelmen. 
sem habuisse in constitutione ejusdem prioris Richardi siquam habuisse earn jura- 
verunt. 

De ecclesiis B. Cuthberti quarum haec sunt noraina in archidiaconatu Johannis 
filij Letoldi. Ecclesia de Hamingbur&h, ecclesia de Shipewith, ecclesia de Alverton, 
ecclesia de Brelteby, ecclesia de Osmunderlay, ecclesia de Siggistone, ecclesia de Leic, 
eeclesia de Ottrintona, ecclesia de Creek, ecclesia de Holteby. In archidiaconatu 
Gaufridi in Eboraco, eccclesia omnium Sanctorum in Usegate, ecclesia S. Pelri Par- 
va, et diniidia ecclesia S. Trinitalis. In archidiaconatu thesaurarij, ecclesia de H&ve* 
don, ecclesia de Wellet, ecclesia de Brentivgham, ecclesia de Walkintona ; nonexiget 
archiepiscopus aenarios synodales. Si vero clerici earundum ecclesiarum, vel laici 
de dominicis manerijs B. Cuthberti in Eboraciscira aliquid dignum ecclesiastica 
castigatione perpetraverint, per archiepiscopum emendabitur tali prius facta sub 
monitione, quod episcopus interesse poterit vel minister ejus. 

Haec supradicta firmaverunt archiepiscopus et episcupus fideinvicem interposita se 
servanturos sine dolo et fraude quamdiu vixerit, sine prejudicio utriusq. ecclesia; im- 
posterum post aiterutrum decessum. 

Preterea de capellis de Otlrintona et Walgaby plenaritim rectum tenebit archie- 
piscopus episcopo in curia sua sicut equus et favorabilis judex. Et si tpiscopus al- 
teram vel ut^amq. nullo se opponente adquirere poterit, non plus exigetur ab illis 
-quam a caeteris 13. Cuthberti ecclesijs. 

Si persona de Levintona adversus episcopumde capella de Werkessale tam volu- 
erit, episcopus in curia archiepiscopi judicio stabit, episcopi pro amore archiepiscopus 
reseisiet Gamalielem de decimis quas postulat, salva pensione, &c. Testibus A. 
Abbate Rivall. Rad.f thesaur. Eborum, Johanne 61. Letoldi archidiac. Eborum, &c. 
Hugonis episcopi Dunelm* confirmatio eccleriarum in dioc Ebor. priori et conventui 

Dunelm. 

Hugo, Dei gratia, Dun. ep'us, archiadiaconis, et baron, clericis et laicis, Frances 
et Anglis, cunctisq. hominibus S. Cuthberti de Everwichescire, salutem. Cum sin- 
gularum ecclesiarum in nostra diocesi consistentium cura et solicitudo nobis incum- 
bat. illius preecipue utilitati et quieti operam impendere satagimus ; cum Deo auc- 
tore specialiter assignati sumus. Ea propter caritatis instinctu commoniti priori 
et conventui S. Cuthberti damus et concedimus, et nostro munimine confirmamus 
personatum omnium ecclesiarum quas habent tam in dominijs meis quam in terris 
propriis vel alienis quae ad episcopatum vel ecclesiam nostram pertinent. Ex quibus 
has proprijs exprimendas duximus vocabulis, eccle3iam de Allvertuna, ecclesiam de 
Mathrebruntuna, ecclesiam de Siggistuna, ecclesiam omnium Sanctorum in Eboraco, 
cum duabus eccl'ijs aliijs, ecclesiam de Holteby, ecclesiam de Walchintuna, ecclesiam 
de Welletuna, ecclesiam de Brentyngham, ecclesiam de Offendene, ecclesiam de 
Hemijngburgh, ecclesiam de Skypwith* Harum omnium ecclesiarum sive capella- 
rum ad easdem ecclesiaspertinentium personatum et dispositionem eis ita libere con- 
cedimus, ut quoscunq. eligeririt vicarios per se, sive per vicarios suos absq. omni con- 
tradictione introducant, assignatis eis portionibus quibus sustentari valeant, et 
episropalia jura persolvere, et honeste ecclesiae deservire. Sancimus itaq. et epis- 
ccpale auctoritate prohibemus, nequis de csetero ecclesiastica secularisve persona 

j- Ralph was treasurer of York anno Domini 1093 and 1113; or Ralph de 
Warnavilla, who was archdeacon of York anno 1175. 

[The above instrument is supposed to bear date A. D. 1174, Ex MS. C. Hun- 
ter, M. D. and Randal.] 



96 THE CATHEDRAL. 



and took by violence the keys of the city gates from St Cuthbert's 
shrine. Philip, who succeeded to the bishopric, held violent 
contentions with the monastery, prior Bertram strenuously main- 
taining the rights and privileges of his convent. The persecu- 
tion this prelate exercised against the religious body, was scan- 
dalous to religion ; but how far the injuries and indignities he 
received might irritate, we know not.* Prior Bertram survived 
him, but did not live to see his successor in the See ; for dissen- 
tions arose concerning the election of a prelate, the convent not 
being willing to submit to the papal injunctions, or the king's 
nomination ; and during this state of perplexity, the prior de- 
parted this life in the year 1209. 

The disagreement which subsisted between the late prelate and 
his convent prevented improvements taking place in the sacred 
edifices ; and it is apprehended the eastern transept of the cathe- 
dral church was neglected during that bisohp's time. 

In the annals of the bishops it is observed, that a vacancy of 
the See took place after the death of Philip of Poicteu, for the space 
of nine years and upwards, in which period, Wharton notes, 
much darkness and perplexity appear in the history of this church, 
occasioned by the distraction of the religious body, who had 
neglected their records; so that, if during this vacancy the 
eastern transept was proceeded in, it is not mentioned by the 
scribes of the house in any of their chronicles. 

WILLIAM, 

a native of Durham, was elected successor to Bertram during the 
vacancy of the See. the king having granted licence to the con- 
vent for that purpose. He departed this life in the year 1214, 
or, as some say, 1219. If we rest upon the credit of Wharton, 
he died before Richard de Marisco had the bishopric. Geoff, 
de Coldingham tells us of an honourable distinction given to this 
prior of Durham by the legate archbishop of York, at a council 
held there, in which the prior, in the place of the bishop of 

prefatam dignitatem auferre vel diminuere, seu quolibet modo perturbare praesumat, 
sed sicut a nolis pietatis intuitu concessum est, perpetuis temporibus inviolabiliter 
observetur. Si quis autem hanc nostrae constitutionis seriem sciens ille timere con- 
traire praesumpserit, itidignationem Dei omnipotentis, et beatissiini coni'essoris ejus 
Cuthberti, ie noverit incursurum. IIujus donationis et concessions testes sunt 
Gwaoz et Johannes archiclias. Mag. Laurentius, Theodbaldus, et alms Theodbaldus, 
Mag. Thomas de Jorevals, et Helias clerici episcopi, Alanus presbiter de Valeshend, 
Mag. Roger Testard, Helias tt Had. de Werkeworth, Richaidus presbiter de Pi- 
tinduna, Dolfinus presbiter de Elwete, Rodbertus et Michael de Bellingham, Helias 
Escoland, Thomas films Osberti, et multi alii clerici et laici. 

* Geof. de Cold.Wharton's Ang. Sac. p. 727, 728, 729 Vide notes, TO!, i. 
p. 229. 



THE CATHEDRAL. 97 



Durham, had the right-hand of the legate both in council and 
at dinner.* 

RALPH KERNECH 

succeeded to the office of prior, and governed the church for 
nineteen years. He departed this life in the year 1203. In the 
second year of the episcopacy of Richard de Marisco a reconci- 
liation took place between the prelate and the monastery, and 
the bishop by his charter confirmed to the prior and convent all 
the liberties and privileges granted to them by bishop William 
de Carilepho ; and as an additional bounty, appropriated to them 
the church of Dalton, (alias Datton) for the better support of 
their house, and also confirmed the appropriations of the 
churches of Aycliffand Pittington. 

In the year 1 228 Richard Poor was translated to the See : 
He lived on terms of amity with the monastery, entering into a 
convention with the prior and convent, for preventing future 
disputes with their bishops, quieting their possessions, and as- 
certaining their privileges.f 

VOL. II. N 

* Geof. de Cold. Wharton's Ang. Sac. p. 729. Ibid. p. 788. 

f Vide record at length in the notes, vol. i. p. 246. 

Ranulphus Kerneck successit, et obiit anno. 1253. Wharton, p. 788. 

Great differences between Richard de Marisco and the monks in this prior's time. 

Vide M. Paris a 1221, 1226 Camden's Remains, p. 322. Grey's Notes. 

MS. lib. iv. 26. D. et Cap. 

1214. Constitu. est p. Radulfum priorem primo anno prioratus sui q'd viij 

equi omnium hospitum habeant quarterium avenee. Et omnes hospites perhendi- 
nantes per duas vel tres noctes habeant eandem assisam. Et quicunq. fuerit mares- 
callus et qui deliberavit p'bendam jurabit q'd dictam assisam fideliter tenebit. Et 
ad hoc assignata est capella de Croxtayl cum omnibus decimis et oblationibus et ob- 
ventionibus de Croxtayl et de Sunderland et tota decima bladi de ultra aquam. 
Item statutum est de eisdem ut in mandato in ccena d'ni sint super quindecies vi- 
ginti pauperis et viij, quor. singuli quatuor recipient denarios, qui denarij sunt ita 
assignati, de decima d'ni de Heworth iij. marc, de terra capellae ejusdem villas et de de- 
cima ejusdem terras xxxs. viijrf. de terra de Cremelington dimid. marc, de terra de 
capella de Staintori xs. et per specialem assignationem conversus de terra de He- 
worth quam xvs. summa denariorum cs. et xxviijd. summa pauperum ut dictum 

est quindecies viginti et viij. Item statutum est per eosdem postea ut qualibet die 
Veneris, et qualibet vigilia p. annu. s. natal. Pasch. Pentec. Joh'is Bapt. et omni- 
um Apostulorum, et qualibet vigilia Beatae Virg'is et Sancti Cuthberti, et vigilia 
omnium Sanctorum tota cervisia que in justiciis remanserit cedat elemosinario ad 
usum pauperum qui in elemosinaria sunt fideliter eroganda. Item statutem est 
postea per eosd. nt in anniversario Will'i e'pi primi singulis annis in nocte prece- 
dente totus conventus, scilicet omnes qui interesse possunt, eant ad S. Cuthb'tum 
cum verba mea et tribus orationibus s. Deus qui inter Ap'licos singulariter et postea 
Ifne quis, et Fidelium. Et eodem die pascantur in curia centum pauperes, et cer- 
vise que in eodem die in justiciis remanet cedat elemosinario. Haec constitutio fac- 
ta est per Radulphum priorem per commune concilium totius capituli Dunelm. 
quam qui augmentaverit Deus ei retribuat, diminuere nullus presumat. Si quis au- 
tem presumpserit, indignationem Dei et S'tae Mar. et Sanctorum Oswaldi et 
Cuthb'ti se incurrere nen ambigat.- Item statutum est per eosdem quod cumaliquis 



98 THE CATHEDRAL. 



THOMAS MELSONBY. 

was elected prior in 1 233 ; and on the decease of bishop Richard, 
in the year 1287, was nominated to succeed him, and with much 
reluctance submitted to the choice. He was objected to by the 
king, who alledged many things against him of a political na~ 
ture,* and others personal : " That he was an infringer of the 
" liberties of the church, was diseased in body, had broken his 
' vow, and disregarded religious injunctions, particularly the or- 
" dained fasts ; that he was guilty of simony, was illiterate," and 
such like charges, equally slanderous and untrue. After such 
an opposition, unwilling the See should longer continue vacant, 
he renounced his election and bishop Farnham succeeded. Fear- 
ful of the king's resentment, he resigned his office in the year 
1 24-4, and retired to Fame island, where in acts of piety and 
charity he spent the remainder of his life. His body was brought 
to Durham to be interred. In the year 1242 the prior, with the 
approbation and assistance of the bishop, began to remove the 
whole of the old roof from the cathedral church, and gave this 
noble edi6ce the additional elegance of a vault of stone-work. 
Willis ascribes this work to the bishop in these words : " Bishop 
" Farnham, (temp. Hen. III.) vaulted over the roof of the 
church with stone." Whoever pays due attention to the mode 
of architecture in this part of the edifice, will easily discover that 
the roof of the choir and eastern transept are of similar work- 
manship. Graystanes, who was a monk of Durham, and lived 
within a century of the time we are speaking of, is most to be 
credited; and his words are, "Anno Domini 1242, inccepit 
" Thomas prior novam fabricam ecclesne circumfestum S. Michaels, 
"juvante episcopo" &c..f The prior also projected an additional 
work ; for it is equally observable, that the tower of the steeple 
called in Davies's book the New Work and the Lanthern, are of 
the same order and workmanship, and express the same date.|| 

monachus domi obierit, sacerdos qui missam matutinalem celebravit, cum crucis et 
aquae bonedictae portionibus eat ad turabara fratris defuncti per xxx dies cotidie post 
vel ante capitulum cum vj psalmis, s. verba mea, &c. cum voce mea, et oratione Ab- 
solve subjunctis, jDeus cvjus miseratione, et Fidelium Deus : In redeundo autem di- 
cant, Miserere mei Deus, cuin oratione Satisfaciat. Idem vero sacerdos vel cui jus- 
serit xiij pauperes per hostium retro chori introducat. quod et fied per triginta dies 
pro anima fr'is defuncti. Item statutum est q'd per eosdem quod cum aliquis mo- 
nachus apud Dunelm. obierit, habeat in die sepuituras suze xx sol. ad emend, panem 
ad erogand. pauperibus s. xs. per manum prioris de camera prioris, et xs. per manura 
supprioris de communa. 

* Vol. i. p 247. f Rob. de Graystanes. Wharton's Angl. Sac. p. 737. 

|| MS. lib. iv. 26. D. et p. Ca. 

Radulphus, prior Dun. de consensu et voluntate conventus sui assignavit redditus 
omnes subscripts de terris et domibus de proprio lab ore et expensis suis adquisitis 



THE CATHEDRAL. 99 



The faciae under the windows of the eastern transept are orna- 
mented with rose niches ; the gallery of the lanthern is formed 
of open roses. The gallery of the tower of Melros abbey is si- 
milar to this, and that edifice was built in the twelfth century.* 
The windows of the lanthern are pointed and ornamented with 
tabernacle work in pinnacles, which kind of decoration appears 
no where but on the buttresses of the east front. The pilasters 
to the windows in the lanthern are similar to those in the eastern 
transept, and not like any other parts of the edifice. It is not 
easy to determine what kind of centre tower this church first had ; 
but, from the uniformity of the outside plan, it may be conjec- 

N 2 

ad faciend. singulis annis conventui festura in die Sanctorum, Cosme et Damiani 
et ad pascend. ccc pauperes eodem die in curia pro anima ejus similiter et ad festum 
conventui faciend. in die anniversarij ejusdem et ad ccc pauperes pascendos. Ad 
quae omnia facienda assignavit hos redditus s. de domibus de Novo Castro quas Ala- 
nus Gateganger aliquando tenuit de dicto prioreij marcas. De terra quam emit de 
Henrico de Wolvyston ij marc. &c. &c. 

* For a description of this abbey, vide View of Northumberland, vol. i. p. 295. 

Steven's Monast. vol. i. p. 351. That he began the new fabric of the church 

Mich. 1 242 : The bishop contributing the church of Bedlington and other matters 
thereto. 

1233. Tho. 2d's de Melsamby, al's Welscomb. &c Grey's Notes; 

MS. lib. iv. 26. D. et Cap. Hie incipiunt statuta d'ni Tltomce prioris, &c. 

1235. Imprimis, propter periculaquse pervenire possentex ignorantia reddituum 
et aliorum ecclesiae proventuum statutum est, ut singulis annis circa festum Sancti 
Gregorij convocentur supprior et alij fratres ad hoc vocandi. Et ostendatur eis sta- 
tus domus in quibus aut quantum creverit annuatim aut diminuta fuerit. Et ordi- 
natum est etiam et statutum ut scribantur duo rotuli continentes totus domus, pos- 
sessiones, redditus, et omnia alia domui pertinentia, Et sit unus in custodia sup. 
prioris, et eorum qui deputantur ad custodiam sigilli unam cum sigillo reponendus. 
Alius in custodia prioris cum opus fuerit circumferendus ut si casucontigerit unum 
amitti, possit fieri recursus ad alium qui in custodia fuerit reservatus. 

Item statutum est per eosdem, ut singulis annis dentur conventui 5O tunica? de 
longitHcline sufficieuti et latitudine ita quod capere possit duas pellic. ad minus de 
saga vel de sargia p. manum camerarij. Qua? tunicas singulis annis innovare debent. 
Qui nova recipiunt reddant priori singulis annis vetenis pauperibus cl'icis caritative 
distribuendas. Qui veterem non reddiderit, careat nova donee satisfecerit plenariae. 
Quae tunicae distiibuendae sunt suppriori et omnibus qui in conventu sunt exceptis 
novitiis et juvencellis et obedientiariis, s. domino priore, terrario, camerario, hostila- 
rio, sacrista, elemosinario, qui sibi provideant. Ad has autem tunicas invenienda* 
assignatae sunt x marca> de pensione eeel'iae de Daltona quae reddi solebant ad scac- 
carium d'ni prioris. 

Item ad reprimendam malignantium temeritatem statutum est per eosdem, ut se- 
cundum antiquam et approbatam consuetudinem ecclesiae Dunelm. excommunicentur 
in anno in genere accencis candelis et pulsatis campanis solemniter omnes illi qui 
scienter et prudentur perturbant pacem ecclesiae Dunelm et qui infringunt vel mi- 
nuunt jura, libertates, et possessiones ecclesiae Dun. s. d'ni e'pi et prioris et conven- 
tus Dun. s. d'nica in octab. natal. D'ni, d'nica clausi Pasch. et d'nica infra octab. 
S'ti Cuthb'ti in Septe'bri. 

Item statutum est p. eosdem, ut nullus liber accommodetur alicui per librarium 
vel per alium, nisi receperit memoriale aequipollens nisi, fuerit ad instantiam d'ni 
episcopi. 



100 THE CATHEDRAL. 



tured it was similar to the western towers, and without much or- 
nament. Three bells hung in the center tower, which were rung, 
to give notice of the services of the church ; four bells for other 
occasions, as rejoicings, &c. were hung in the north west tower 
adjoining the Gallilee. The new work or lanthern terminated 
at the gallery vulgarly called the bellringers walk. The upper 
tower was added some years after, in bishop StichilPs time. 
It is impossible prior Thomas should, in the two years preceding 
his resignation, complete so great and expensive a work ; but 
certain it is, he first brought it forward. 

BERTRAM DE MIDDLETON 

was elected prior on the 22d of September 1244, and resigned 
that dignity on the 15th August 1258. Bishop Kirkham (on his 
accession in this prior's time) confirmed to the monastery the 
grants of his predecessors, and gave them the church of Heigh- 
ington for the better support of hospitality, together with a large 
tract of land at Horsley-Hope. In this prior's time, the papal 
grant of the kingdom of Apulia and Sicily took place, for which 
the bishop of Hereford engaged to the holy See, that the clergy 
of England should pay 38,000 marks, to be borrowed for that 
purpose.* Against this contract our prior appealed, alledging, 
that he and his convent were at all times ready to obey the pope 
in things lawful and practicable; but to spoil their churches of 
their goods, to subvert their liberties, and straiten their mainte- 

Rob. de Graystanes. Wharton's Angl. Sac. p. 738, 739. 

Statutum d'ni Berirami prioris. 

1247. Annoincarnationis D'ni M. CC. Xlvij Q . statutumest ad'no B. prlore 
Dun. anno tertio prioratus sui de consensu capituli Dunelm. Ad exaltationem or- 
dinis et salutem animarum et religionis argumentum quod nullus frater remaneat 
extra chorum post completorium nisi tantum hostilarius et celerarius qui ad hospites 
recolligendos exteriusregulariterdeputati sunt; circa quos ita providendum est, quod 
si reverenda et autentica persona suscipiatur in monasterio cum talibus licebit eis si 
voluerint pro caritate et exileratione eorundem potare, dummodo non excedant in 
mora vel menswra potationis per quasi surripiat nimia satietas aut ebrietas, quae 
maxime contraria est viris religiosis, &c. &c. With other rules of sobriety and 
moderation. 

For the anniversary. Ad pytanciara faciendam annuatim conventui &c. in die 
Sancti Nicholaj cujus capella contiguam camerae sua; construxit et dedicari procura- 
vit. Et pariter ad pascendos quingentos paup'es eodem die in cur. Dun. quorum 
cc sint mulieres, qua? pascantur extra curiam. Item ad unum capellanum divine 
in perpetuum celebraturum in capella supra portam, sp'aliter per omnia dicti Ber- 
trami prioris, et omnium monachor. Dun. obeuntium cum Placebo, Dirige, et Com- 
mendatione. xx/z sol. Et comedet in aula sicut alius capellanus celebians pro anima 

magistri Hen. de Melsonby. Item assignavit duas marc, et dimid. ut qualibet 

die Ven'is per annum vij scholares literati et intelligentes et provecta? aetatis canant 
psalteria sua in capella supro portam, sup. quos ha'eat curam capellanus qui pro 
t'pore celebraverit pro dicto priore et monachus ut distincte cantent et compleant. 
Addito hoc quod omnibus dicbus Ven'is in quadragessima erunt xiij qui recipient 
singulos den. ct h'bunt corrodia in aula dictis diebus cum prebendarijs, &c. 



THE CATHEDRAL. 101 



nance, would be such an indignity to the church, scandal to the 
clergy, and reproach to religion itself, that they never could as- 
sent thereto. It cannot be doubted but this reply would prove 
offensive, as well to the See of Rome as the crown of England ; 
and in 1258 we see the prior resigning his dignity, though the 
historians of that time do not immediately express it to be in 
consequence of such displeasure. On the 17th of the calends of 
August the prior petitioned the convent to admit of his resigna- 
tion, and that they would provide a maintenance for his retire- 
ment, alledging at once his want of constitutional abilities to ex- 
ecute the duties of his high office, and also the services he had 
undergone in forty years monastic life, fourteen of which he had 
been prior ; he asserted, he had obtained a bull for his dismis- 
sion, but would not use its authority. Messengers were accord- 
ingly sent to the bishop with his requisition, who in return com- 
manded his commissioners to hear the allegations, and they by 
virtue of their authority admitted the same, and committed the 
care of the spiritualities of the monastery to the sub-prior, and 
the temporalities to R. de Waltham, constable of the castle. 
The Convent assigned to Bertram for his maintenance, the 
churches of Pittington, Heighington, &c. Notwithstanding the 
great work he had carried on in the the church for two years, 
he left to his successor in the conventual treasury 11,000 marks. 
He was not only a zealous churchman, giving up his life to acts 
of piety, but also a punctual maintainer of the rights of the mo- 
nastery. He left to the monastic library many of his composi- 
tions and learned works. His name was held in pious veneration 
by the cloister. His frugality was manifested in his manage- 
ment of the revenue allotted him, for therewith he not only sup- 
plied the necessities of life, but was enabled to build at Beaure- 
paire a lodge or summer retreat, with a chapel, not inferior in 
elegance to other erections of the like nature in the diocese. 

HUGH DE DERLYNGTON, 

superior of the convent, in the same year Bertram resigned, was 
elected prior,* and possessed that dignity until the 8th day of 
January, 1272, when he thought proper to abdicate the office, 

* MS. B. iv. 26. D. et Cap. 

1265. An'o gr'e M. CC. LX . quinto. ordinavit et assignavit d'nus Hugo 
prior Dun. de voluntate et assensu conventus quincq marc, argenti ad faciendma 
pytanciam conventui in die anniversary ejus, et alius v. marc, ad comparand, species 
ad opus corundum imperpetuum Quas quidem x marc, custodes commune annua- 
tim percipient per manum bursarij Dun. de terra de Herdewyke quam idem prior 

comparavit. Item ad pascend. M pauperes in die anniversary sui. Similiter de 

voluntate et assensu conventus assignavit quinquaginta sol. argenti annuatim in per- 
petuum pereipiendos per manum bursarij Dunelm. de ecclesia de Easingtona tern- 
pore suo adqufcita, &c. 



102 THE CATHEDRAL. 



alledging his infirmities.* During the wars of the barons, he 
conducted himself so prudently, as to save the possessions of the 
church from depredations by either party. He contributed 
greatly to the magnificence of his convent. He built the belfry 
on the summit of the great tower of the cathedral church, and 
enlarged the organ : He also emparked Muggleswick and Beaure- 
paire. At Wardelau, as one author writes, he erected a lodge 
or camera, a hall and chapel, which were afterwards destroyed 
by the Scots in their incursion : He built a lodge or camera at 
Muggleswick : the remains of which, and also that at Beaure- 
paire, will be described in the progress of this work.f In this 
prior's time, a bull was obtained from the pope for the appro- 
priation of Hoveden church for an addition of sixteen monks ; 
but, at a considerable expence, he procured the appointment to 
be converted into prebends, apprehending they would prove as 
honourable and advantageous promotions, and as acceptable to 
the clergy whom he wished to serve, as if the original institution 
was maintained. This prior was distinguished for his hospita- 
lity and charitable actions : Whenever he came to his house, 
the poor people, to whom his kitchen was ever open, danced be- 
fore him : By him the scriptures were fulfilled, in cloathing the 
naked and feeding the hungry. It is said of him, that the com- 
mon coinage of a denarius or penny was reduced to five mites, 
that he might distribute handfuls of that small money to a greater 
number of objects. When advanced in years, and obliged to 
travel in a chariot, he constantly threw money from thence to 
the poor. He was a person of approved wisdom, as well as of 
a magnificent mind. Frequent applications were made to the 
bishop to receive his resignation, pleading his infirmities and age, 
which in the event produced an altercation between the convent 
and prelate concerning profession of obedience by the monksj 
the convent alledging their prior was not of the same rank with 
others, he having the privileges of an abbot, and the monk's 
profession was the right of an abbot. But at length the con- 
vent agreed, that the monks should first make profession to 
the prior and then to the prelate, and receive his solemn bene- 
diction : Whereupon they sent messengers to the bishop, that 
they were willing to make their profession and receive his bene- 
diction ; but the business was still delayed, on account of some 

* Rob.de Graystanes Wharton's Angl. Sac. p. 741. f Ibid. p. 741. 

| MSS. B. iv. p. 24. D & Chap. Lib. 

Folio quarto inscribitur haec formula professionis quae a monachis Dunelm. reli- 
gionem ingredientibus fieri solebat : " Ego frater N. presbyter vel diaconuspromitto 
stabilitatem meam et conversionem morum meorum et obedientiam secundum regu- 
lam S'ci Benedict! coram Deo et sanctis ejus in hoc monasterio, quod est construe- 
turn in honorem Sanctaa Mariae semper Virginia et Sancti Cuthberti praesulis in 
praesentia D'ni. Amen." 



THE CATHEDRAL. 103 



formalities which remained unsettled, until the 1 Oth of January, 
when the bishop in the chapter-house accepted the prior's resig- 
nation, and the manors of Wardelau (according to our author's 
words) and Muggleswick were assigned for his maintenance ; 
the bishop added Ryton thereto. These affairs being settled, a 
conversation took place between one of the monks and the bi- 
shop, in which the bishop complained with warmth that " he 
had suffered greater indignity and disrespect than any of 
his predecessors ;" but declared, " he would seek satisfac- 
tion in God's good time." He had scarce departed ihe 
gates before his senescal, with the constable of the castle 
castle and their officers, entered the convent, pronouncing, that 
they came at the prelate's command, in his place, to have cus- 
tody of the house during the vacancy of the office of prior. The 
next day the senescal, calling the sub-prior and other officers of 
the household into the hall, commanded the porters, the mar- 
shal, and other secular servants of the monastery, to come forth, 
saying, the house was in the custody of the lord bishop, there- 
fore he desired to see who were proper to lake care of it, that 
he might take their oaths of fidelity, remove those he did not ap- 
prove, and substitute others in their places. He was answered, 
such proceedings were altogether unprecedented ; and it was 
with difficulty he was persuaded to wait until the next day, to 
give the convent time to consult the the bishop thereon. Two 
of the brethren were sent without delay to the bishop, with a 
petition for licence to elect a prior ; on perusing which, he re- 
jected it, not being addressed to him as supreme lord and patron ; 
alledging, if he was not patron, they were under no necessity to 
seek a licence. When the monks said the instrument was in the 
usual form, he contradicted them, asserting, that after the death 
of prior Thomas, his predecessor bishop Farnham for the same 
cause rejected the conventual petition. On the return of the 
messengers, many of the convent recollected that the cause of 
such precedented rejection was not as alledged by the bishop ; for 
in the instrument referred to, the bishop was addressed as father 
and patron in spiritualties and temporalties, but the seal of the 
convent by accident had been separated from the instrument be- 
fore it came to the prelate's hands, which occasioned it to be re- 
newed before he granted his licence. It was accordingly set 
forth in the arguments on this subject, that as the bishop was in 
fact patron of the church, no reason appeared why he should not 
be addressed as such in their process ; which was assented to. 
On the succeeding day letters were issued, in which he was stiled 
Reverend father and patron : Messengers being sent therewith, 
they were graciously received, and licence for the election of a 



104 THE CATHEDRAL. 



prior was immediately granted ; in consequence of which the bi- 
shop's officers were withdrawn from the convent. 

In prior Bertram's time a bull was obtained from the See of 
Rome for quieting the convent in their privileges, and confirm- 
ing the same, of which Walter archbishop of York granted his 
testimonial and certificate of inspection.* In prior Hugh's time, 
the same archbishop certified the pensions due from the churches 
belonging to the priory lying within the diocese of York ; which 
was afterwards confirmed by archbishop Nevill,f About the 

* Testimonium Walleri Gray archiepi Ebor. de inspectione bullee Grerorij papce. 
Carlaur {. Eccl. Dun. p. 179. 

OMNIBUS prassens scriptura visuris vel audituris. Walterius, Dei gratia, ar- 
chie'pus Ebor. Angliae primas, salutera in D'no. Noveritis nos privilegium d'ni 
Grcgorij papae priori et conventui Dunelm. ecclesias indultum, non abolitum, non can- 
cellatum, non in allquasui parte vitiatum, sed integrum et papali bullabullatum in ha?c 
verba inspexisse : " Gregorius episcopus servus servorum. Dei, dilectis filijs priori 
'.' et conventui Dunelm. salutem et apostolicam benedictionem. Cum a nobis peti- 
" tur, quod justum est et honestum, tarn vigor a-quitatis quam ordo exigit rationis, 
" ut id per solliciludinem officii nostri ad debitum perducatur efFectum. Ea propter 
" dilecti in d'no filij, vestris justis postulationibus grato concurrentes assensu, anti- 
" quas et rationabiles ecclesiae vestrae consuetudines hactenus approbates, libertates 
" quoq. ac immunitatos per privilegia et indulgentias a Romanis pontificibus, prae- 
" decessoribus nostris, ac caeleris eccleasiarum prcelatis ; nee non libertates et immu- 
" nitates secularium exactionum a regibus, principibus et aliis Christi fidelibus eccl'ias 
'* vestrae concessas, sicut ea omnia juste et pacifice obtinetis, vobis et per vos eidem 
" eccl'iae auctoritate apostolica confirmamus, et praeseotis script! patrocinio commu- 
" nimus. Nulli ergo omnino homini liceat hanc paginam nostrae confirma- 
" tionis infringere, vel ei ausu temerario contraire : Siquis autem hoc attemptare 
41 praesumpserit, indignationem omnipotentis Dei, et beatorum Petri et Pauli aposto- 
41 lorum ejus se noverit incursurum. 1 at. Lateran. undecimo kal. Decembr. pon- 
" tificatus nostri anno tertio decimo." (1 239. ) 

Nos igitur in signum et memoriara sempiternam inspectionis hujusmodi present! 
scripto apponi fecimus signum nostrum. Salvis in omnibus auctoritate, jure et pos- 
sessione Ebor. eccl'iae in praemissis et quolibet praemissor. Ita quod per nostri ap- 
positionem sigilh novum aliquid dictis priori et conventui, seu Dunelm. eccl'ise non 
accrescat. et jus nostrum, successorum nostrorum, seu Ebor. eccl'iae quantum ad 
possessionem vel quasi, seu proprietatem, quantum ad ea vel ipsorum aliquod, nequa- 
qiKim pereat seu etiam in alicjuo minuatur. Dat. apud Burton, decimo sexto kal. 
Novembris, pontificatus nostri anno tricesimo octavo (1254.) 

f Pensiones ecclesiarum prioratui de Dunelm. de Howdenshir et Alvertonshir. 

Universis Christi fidelibus ad quos praesens scriptum pervenerit, Walterus Dei 
gratia, archie'pus Eborum, &c piam religionis observantiam et laudabilem vitas con- 
versationem cum hospitalitatis gratia in dilectis filiis priore et conventu Dunolm. 
praecipue clarere prospicientes quorum etiam devotionem approbantes et merita at- 
tendentes, simulq. paci et tranquillitati eorum proficere cupientes, debitas et antiquas 
pensionis, quas de eccl'ijs ad donationem eorum spectantibus in dioc. nostra perci- 
pere consueverunt, eisdem pia consideratione concedimus et auctoritate pontifical! 
confirmamus, videlicet. 

De ecclesia de Rougeton iij marc. 

De ecclesia de Kirkeby Siggiston x marc. 

De ecclesia S. Petri parvi in Ebor. i marc. 

De ecclesia omn. Sanctor in Ebor.'et Holteby, med. de una et rned. de altera L s. 
De ecclesia de Skypewith i marc. 

De ecclesia de Herningburgh T marc. 



THE CATHEDRAL. 105 



year 1254- the archbishop made an order, at a visitation held at 
York, touching the holy vestments and other church furniture 
and ornaments. As the various particulars of this constitution 
give a light to the customs of the church, and discover the man- 
ner and circumstances of religious exercises, some of them merit 
notice in this place. " That the habits of the clergy should be 
" provided at the charge of each respective parish, and be rich 
" in proportion to the wealth of the inhabitants : That they 
" should be provided with a cross for processions, and another 
" lesser one for the use of funerals : That they should have a 
" bier for the corpse, a vessel for holy water, an osculatorium or 
" a picture (probably of our Saviour or the holy Virgin) for the 
66 people to kiss, a candlestick for the paschal taper, an incense 
t pot, a lanthorn, with a small bell, to use when the host was 
" carried to the sick : A veil to skreen the altar from sight du- 
" ring Lent ; with two candlesticks pro ceroferariis, that is, for 
" those that lighted up the tapers, and carried them from one 
" part of the church to another, which was the business of the 
" acolyte. Among the books for divine service the following 
" were to be provided : Legenda,* Antiphonare^ Gradale^ 
" Psalterium, Troparium, \\ Ordinale^ Missale ct Manuale. 

" The parish was to provide an altar-piece for the great altar, 
" three surplices, a decent pix for the host, a banner for Roga- 
" tion days, bells and ropes ; a baptismal font, with a lock to it ; 

VOL. II. O 

De ecdesia de Brantingham cum capel. de Blaketoft x marc. 

De ecclesia de Wolletoa iij marc. 

De ecclesia de de Walkyngton v marc* 

De ecclesia de Normanton ij marc. 

Quod ut ratum fore et stabile imposterum perseveretur present! scripto nostri muni- 
mine sigilli consignato confirmandum duximus et corroborandum, hijs testibus, &c. 

D'nus Alexander Nevylle* archiepiscopus Eborum omnia antedicta sigillo suo 
confirmavit, et ecclesiam de Hemyngburgh in quinq. marcis confirmavit. 
Litera-\- arckie'pi ad Hugonem de Everfham cardinal sup* negotio visitationis eccFice 
Dun* qute ita incipit.% 

" Exurge, Pater dilectissime, Ebor. eccl'iae grata proles, exurge in adjutoriu. hu- 
" jus matris, quam mutilare inspicitis, et jure suo contra obedientiaj debitum a sub- 
" ditis apostatantib, defraudari. Et licet, pater, primaria forsan vobis Dun. ecel'ia 
" monstraverit alimenta, ac sic ei naturaliter teneamini, quod fatemur ; eccPize tamen 
" Ebor. cui Sacramento estis vinculo alligati, vos strictius attendimus obliffatos." 

Hugo fuit procurator archie'pi in curia Romana a 1280, et obiit Rorrfce a 1287. 

* The lives of the saints read on holidays, 
f Hymns and alternate psalms sung. 

J A book for singing mass. 

|j Rubric book directing the order of divine service. 

Hymns of exultation and rejoicing. 

* Alexander Nevill elected archbishop of York 30th May 1374, and succeeded. 
by Thomas Arundel 3d April 1388. 

f Wickwane. f Tanner's Biblioth. p. 418. 



106 THE CATHEDRAL. 



" a chrysmatory, or vessel for keeping the holy oil used in bap- 
" tism and confirmation. They were likewise to provide images, 
" particularly a principal figure to the chancel, which was to re- 
" present the saint in honour of whose memory the church was 
*' consecrated."* 

RICHARD CLAXTON. 

prior of the cell of Holy Island, was elected prior of Durham on 
the 26th of Jan. 1273, and in the 12th of the pontificate of bi- 
shop Stichill; on the second day following he was confirmed at 
Darlington, was installed by the archdeacon of Durham on the 
day of the purification of the Virgin Mary, and three days after- 
wards confirmed the provision made for his predecessor on his 
resignation. Before the above instance, we are not told by any 
historian of the priors having the solemnities of confirmation and 
installation, though it is probable it was an ancient usage here. 
The prior abdicated his office on the 27th of December, 1285 : 
No reason is assigned by our author for this act, who tells us, 
that the prior was not only a man of great piety and hospitality, 
but of strict circumspection and attention touching the rights of 
the monastery ; and notwithstanding the great provision made 
for prior Hugh, and the expensive litigations prosecuted between 
the archbishop of York and his church, the convent abounded 
in wealth during his whole adminstration. He had assigned 
him for maintenance the cell of Weremouth, with the tithes of 
South wick. In May, 1274, pope Gregory IV. held a council 
at Lyons, to which the prior was called, but did not attend, 
having only his proctors there : Bishop Stichill dying in that 
year the archbishop during the vacancy of the See appointed a 
visitation to be held in the chapter-house at Durham the day 
before the vigil of All-Saints, which was submitted to at that 
time; after which ceremony the archbishop repaired to the 
castle, where he was entertained, Henry de Horncastre, then sa- 
crist of the cathedral church of Durham, bearing the crucifix 
before him.f Robert de Graystanes gives an instance of the 
authority of the prior, which shews one of the ancient customs 
of the monastry, viz. " That bishop Stichill, whilst he was re- 
" sident in the castle at Durham, made it his custom to send 
t wine to the convent : One day he ordered his butler to carry 
" wine to the sub-prior's table, which on being presented gave 
" offence to prior Hugh, who presided at the upper table, and 
" thereupon he struck the table, and put an end to the dinner in 
" the middle of the mess."J 

* Annales Monast. Burton, p. 310. Mezeray's Hist. France. Collyer, p. 456, 
f Graystanes Wharton's A, & p. 742, 743, 788. J Ibid. p. 746, 747. 



THE CATHEDRAL. 107 



Bishop Robert de Insula, who succeeded to the See, gave to- 
the prior and convent the advowson of the church of Meldon in 
his diocese, accepting in exchange the sole presentation to the 
church of Waldenestow, in the diocese of Lincoln, to which the 
prior and convent had an alternate right with him :. He also 
granted them Freewarren in Billingham, with the woods there. 
On prior Claxton's resignantion, 

HUGH OF DERLYNGTON 

was recalled to that dignity on the 1 1th of January, 1285 ; was 
confirmed by the bishop on the 31st of the same month, and in- 
stalled on the 7th day of February following.* He continued 
a short time in office under this second election, his last resig- 
nation taking place on the 1 1th of March, 1 290, or according to 
Graystanes I289.f That author tells us, the prior came to an 
agreement with the archbishop of York, assenting to his exercise 
of jurisdiction over the churches of the diocese during a vacancy 
of the See of Durham, as appears by an instrument in writing, 
dated in the year 1286, on which all preceding censures and 
judicial sentences touching that matter were rescinded. He says, 
the prior before his second abdication was in a superannuated 
state of mind, yet so obstinate and resentful, that when applica- 
tion was made for his removal on account of his incapacity, he 
sent messengers to the bishop, with a promise of large bribes, to 
induce him to deny his suspension which did not prevail ; where- 
upon he yielded with great reluctance to a cession, of his office, 

RICHARD DE HOTOUN, 

prior of the cell of Lynche or Latham, was elected on the 24th 
of March to succeed Hugh of Derlyngton ; was confirmed by 
the bishop on the 28th of the same month, and installed on the 
9th of April. This prior was of a bold and virtuous mind, and 
having to do with the overbearing and proud prelate Bek, was 
obliged to exert himself for the preservation of the privileges of 
his church : A dispute soon arose between them, which was fer- 
mented to a violent height, as has already been related in the 
annals of that prelate ;J the excommunication, suspension, and 
interdiction of the prior being at length the consequence of their 
contest. The bishop thereupon commanded the convent to elect 
a prior ; and they not obeying, he obtruded, upon them Henry 
de Luceby, who then presided in the cell of Holy Island : He 
was accordingly installed, on prior Richard being dragged from 
his seat by the violent hands of a monk devoted to the bishop. 

O 2 

* Rob. de Graystanes, Wharton's Angl. Sac. p. 748. 
f Ibid. f Vol. i. p. 296. 



108 THE CATHEDRAL. 



Graystanes tells us, that a savage from the wilds of Tyndalewas 
brought into the church to do this act ; but being struck with 
awe, he retired from the presence of the man, and declared no 
gold could tempt him to the outrage; yet what the barbarian 
abhorred, was perpetrated by one who had professed his obedience 
to the superior whom he assisted to depose. Thus prior Hotoun 
was put under confinement, and Luceby governed the convent. 
In this situation affairs remained some time ; the prior effected 
his escape into Cleveland, where he remained until the parlia- 
ment assembled at Lincoln, when he presented a complaint 
against the prelate, and obtained recommendatory letters from 
the king for relief at the court of Rome. The prior being mas- 
ter of a persuasive eloquence with much erudition, and a grace- 
ful person, gained the ear of the pope, and a degree of restitu- 
tion was pronounced in his favour, which was published in the 
church at Durham in the month of April, 1302. Luceby had 
possession of the prior's apartments, where he retained such 
friends as had courage to remain with him ; in that situation 
they meanly descended to the act of spoiling the vessels belong- 
ing to the house, stripping off the silver ornaments, and taking 
possession of such plate as fell under their hands ; with these 
attempting to escape, and being opposed, they threw the valu- 
ables over the walls, and stole out by way of the hog-yard. Lu- 
ceby, whilst he usurped the office, retained many of the princi- 
ple men of the palatinate in his family, and lived in a splendid 
manner, that thereby he might win the approbation and esteem 
of the people ; but such measures did not prevail, for many 
treated him with high contempt. He paid great attention to 
the sacred edifices ; the sacristaria was his first work ; he re- 
paired th'e roof of the nave of the church, built the vestry room, 
and at a great expence procured bells, vessels and ornaments. 
Graystanes says, he conducted himself in the office of prior, 
both at Holy Island and Durham, with such decorum, that it 
was the opinion of many, had he come duly to the latter dignity, 
a better prior* had not been for a long time. 

* Rob. de Graystanes, Wbarton's Angl. Sac. p. 750, 788. Prior of the cell 

of Lynche, &c. He was removed by Anthony de Beke, bishop of this See, May 20, 
1300, for opposing his visiting the convent without permission of the cloister, for 
which he was also excommunicated, suspended, and interdicted. But the king at 
length appearing in his behalf, it was agreed that he should be prior for life. How- 
ever, the bishop again suspended him, and within three months ordered the convent, 
to elect another in his stead, and sent his servants to drive -out prior Hotoun, &c. 
He was reinstated again by decree dated 29th Nov. 1501 ; after which, he kept quiet 
possession of this priory till his death, which happened in Jan. 1309. Stevens, p. 
351. 



THE CATHEDRAL. 109 



In the year 1 303, on the day of St Peter ad Vincula^ prior 
Hotoun returned to Durham, and was received most cordially 
by the convent, who held a festival on the occasion : An inqui- 
sition was afterwards taken by men of the county of Northum- 
berland touching the damages sustained by the convent under 
the bishop's persecution, by the seizure of their revenues and des- 
truction of their parks, in which the bishop em ployed the most able 
advocates the kingdom afforded, whilst the prior's cause was ma- 
naged by one only, whose name was William de Herle, and whom 
Graystanes perpetuates; when the bishop was justly condemned in 
a large sum of money. The pope dying soon after, the bishop ob- 
tained from his successor a bull, requiring the archbishop of Can- 
terbury and the bishops of Lincoln and Winchester to visit the 
chapter of Durham, on an accusation lodged against the prior 
for dilapidations and divers offences, touching which the prelates 
were commanded to enquire ; but pope Benedict departing this 
life, the bishop's purpose was fustrated, till pope Clement, who 
created Bek patriarch of Jerusalem, at his suggestion suspend- 
ed the prior from all adminstration, as well in spirituals as tem- 
porals. The prior on his journey to Rome for redress, passed 
the winter near Canterbury, sending from thence two monks of 
his convent as proctors : Whilst he remained there, the bishop 
committed the care of the monastery to Luceby ; and the abbot 
of Leicester with the pope's mandatory letters accompanied him 
to Durham, to give him possession ; but on their arrival, they 
found the gates shut against them, and their admittance refused; 
on which, they pronounced an excommunication against the 
whole society : This brought on a litigation, at the instance of 
the prior, for an offence against the crown, on their presuming 
to execute the powers of the See of Rome in matters temporal, 
and a grievous fine was imposed upon the offenders. 

The prior returned from the South to meet the king at Dur- 
ham, and on the festival of St Oswald the martyr, celebrated 
mass in the royal presence at the altar of St Oswald. The king 
granted him licence to visit Rome, and recommendatory letters 
to the pope for redress, with which he passed into Italy, but did 
not live to return : He met with a favourable reception from the 
pope and college, and on the 24-th of October obtained a sen- 
tence of restitution, but was decreed to pay one thousand marks 
to the apostolical chamber for the same. On the 9th of Jan. 
(Graystanes says in the year 1307, but from other authorities in 
1308) the prior departed this life; and that the See of Rome 
might be idemmfied for the loss of the fine, all his goods, plate, 
books, horses, and effects then in Italy, were confiscated. 



110 THE CATHEDRAL. 



Prior Hotoun was not deficient in public works, notwith- 
standing the troubles in which he was embarrassed : He corn- 
pleated the manor-house of Houghhall ; with the bishop's license 
he purchased Oxford Place, afterwards called Durham College, 
and made the first erections there :* He also built the chapel 
De Bello Loco, afterwards called Beaurepaire or Bearpark. The 
convent received a grant of freewarren in their territories at 
Winston about this time, 

During this prior's office, the dispute which arose between 
Raph lord Nevill, of Raby, and the convent, in the time of prior 
Claxton, was continued, and did not subside for several years. 
The account we have of it is to the following effect, as given by 
Dugdale in his Baronage, vol. i. p. 292. 

" About the 13 Edw. I. 1285, there was much variance be- 
tween the inhabitants of the bishopric of Durham and Anthony 
Beke (that great prelate) then bishop of Durham, by reason he 

* The account we have of this foundation Is, That the monks of Durham might 
have a receptacle for their novices in the university, as Gloucester had lately obtain- 
ed before for theirs in Stockwell-street,* did begin to lay their first foundation in 
Canditch. We read in a certain book, intituled ' Historia Ecclesiae Dunelmensis 
et Successio Episcoporum,' that one Hugo de Derlyngton, chosen prior of Durham 
A. D. 1285, monachos misit Oxoniam ad studendum, et eis satis laute expensas mi~ 
nistrabal : Thus the author, who was Gaufridus, sacristran of Coldingham, and con- 
tinued by one Robertus : But of the college-hall or mansion-place therein, he mak- 
eth no mention ; and therefore I will not aver, that he was the first founder of this 
college. In the next chapter, viz. 155, (Bib. Cotton, vol. ix. p. 497) speaking of 
Richard de Hotoun ( Derlyngton's successor) some time sub-prior of Lytham, and 
chosen prior cf Durham A. D. 1289, saith thus, Iste prior locum Oxon, comparavit. 
et eedificare fecit ; that is, that prior (speaking of Richard de Hotoun) purchased a 
place at Oxford, and began there to build. This was, I suppose, about the year 
1290; for I find, that thereabouts, the prior and convent of St Frideswidesf did by 
their charter confirm to the monks of Durham, for ever, two plots of ground in the 
suburbs, in Magdalen parish Oxon, paying yearly for the same, to them and their 
successors, 2s per ann. The witnesses to this, as I find in the origfnal charter, (there 
being none in the register here quoted) were, Henry Owen, mayor ; Will, de Wo- 
deston, and Andrew Culvert, provosts ; who, I find, were officers of this city about 
that time. Thus, from the said anthony Wood, it is evident that this college was be- 
fore Richard de Bury. 

Furthermore, for the greater enlargement of their inclosure, Mabile Wafre, abbess 
of Godstow, with the convent, about the same time willed and granted to them di- 
vers lands and tenements, and among the rest, whatsoever of right they had in void 
ground near to Perilous-hall, in Horsemonger-street, part of which ball stood where 
now Kettle-hall standeth, and belongs to Trinity College, the place where this col- 
lege now spoken of standeth. After this, or about the same time viz 1291, follows 
the gifts of several other parcels of land, &c. by which}: it appears, that here was a 
college or receptacle for the monks of Durham before Richard de Bury was bishop, 
forty three years ; all which time, and till Bishop Hatfield his successors time, these 
monks were maintained by the prior and convent of Durham out of the public trea- 
sury, and were sent thither, as those of Gloucestor priory to Gloucester college, to 
be trained up in grammar, philosophy, and divinity. Stevens' Mon. vol. i. p. 341. 

* MS. Wood. f Register major S. Frideswida, p. 451. 

Lit. Pat. 19. Edw. I. m. 20, 



THE CATHEDRAL. Ill 



had compelled them to go twice into Scotland with horse and 
arms, which they alleged to be contrary to right, in regard they 
held their lands to defend the body of St Cuthbert ; and that 
they ought not, either for king or bishop, to go beyond the rivers 
of Tyne and Tees. Ralph Nevill, then Lord of Raby, was the chief 
countenancer of those who opposed the bishop. Not long after, 
another dispute arose between this Ralph and Hugh de Der- 
lyngton then prior of Durham, about the offering of a stag every 
year upon St. Cuthbert's day in September ; which (in truth) 
was rather a rent than an oblation, in regard he held Raby with 
the eight adjoining townships, by the yearly rent of four pounds 
and a stag. For contrary to the custom of his ancestors, he 
not only required, that the prior of Durham, at the offering of 
the stag, ought to feast him and all the company he should bring, 
but that the prior's own menial servants should for that time be 
set aside, and his peculiar servants and officers put in their stead. 
Whereupon amongst other of his guests he invited John de Baliol 
of Barnard Castle, who refused to go with him, alledging that he 
never knew the Nevill s to have such a privilege there ; Sir Wm de 
Brompton, the bishop's chief justice, likewise acknowledging, 
that he himself was the first who began that extravagant practice ; 
for being a young man and delighting in hunting, he came with 
the lord Nevill at the offering of the stag, and said to his com- 
panions, " Come let us go into the abbey and wind our horns," 
and so they did. The prior farther adding, that before the time 
of this Ralph, none of his predecessors ever made any such claim, 
but when they brought the stag into the hall they had only a 
a breakfast ; nor did the lord himself ever stay dinner, except 
he was invited. 

In the 5 Edw. III. 1331, Ralph Nevill (son of the former) 
doing his fealty to William deCouton then prior of Durham, upon 
Lammas-day, for the manor of Raby, he told him he would 
offer the stag as his ancestors had done ; saving that, whereas 
his father required, that the prior's servants should be set aside 
at that time, and his own serve in their stead ; he would be con- 
tent, that his should attend together with those of the prior : 
And whereas his father insisted, that his servants should only 
be admitted at dinner ; he stood upon it that his should be there 
entertained the whole day, and likewise the morrow at break- 
fast. 

Whereunto the prior made answer, that none of his ancestors 
were ever so admitted, and that he would rather quit the stag, 
than suffer any new custom to the prejudice of the church. But 
to this Ralph replied, that he would perform the whole service 



112 THE CATHEDRAL. 



or none, and put the trial of his right upon the couniry. The 
prior 9 therefore, knowing him to be so powerful, and that the 
country durst not displease him, declined the offer. However, 
at length to gain his favour, (in regard he had no small interest 
at court, and might do him a kindness or a displeasure) was 
content for that one time he should perform it as he pleased, so 
that it might not be drawn into example afterwards ; and for 
that purpose proposed, that indentures should be made between 
them. 

Whereupon the Lord Nevill brought but few with him, and 
those more for the honour of the prior than a burthen, and so 
shortly after dinner took his leave, but left one of his servants to 
lodge there all night, and to take his breakfast there on the next 
day ; protesting, that being both a son and tenant to the church, 
he would not be burthensome to it, in respect it would be no ad- 
vantage to himself, butthight much damnify it, if he should bring 
with him as great a train as he would, saying, What doth a 
breakfast signify to me ? Nothing. And likewise, that if the 
prior would shew, that he had no right to what he so claimed, 
he would freely recede therefrom ; and if he had a right, he 
would accept of a composition for it, rather than be burthensome 
to the convent ; but if they should put him to get his right by 
law, then he would not abate any thing thereof. 

Whereupon enquiry being made amongst the oldest monks 
of the house, they affirmed, that being of eight years standing 
when his father was before repulsed, they had often seen the stag 
offered, and that he never staid dinner, but when the prior in- 
vited him : and some ancient men of the country testified as 
much ; as also, that as soon as the stag was brought, they carried 
him to the kitchen, and those who brought him were taken into 
the hall to breakfast, as they that brought their rents used to 
be. 

Moreover, when it happened that any of the lords Nevill 
were desired to stay dinner with the prior, his cook was admit- 
ted into the kitchen to prepare a dish for him ; so likewise another 
servant in the cellar to chuse his drink, and in like manner some 
other at the gate, who knew his servants and followers, merely 
to let them in, and keep others out, who, under pretence of being 
his servants, might then intrude, but this was only done by the 
prior out of courtsey and respect, and not at all of right. 

Hereupon Henry le Scrope, one of the Justices, affirmed, 
that he had been of counsel with Ralph Nevill (father of this 
Ralph) when he brought his writ of Novell Dessisin against the 
prior : and told him that he had no right at all : Whereupon 
Ralph let fall his suit. 



THE CATHEDRAL. US 



Some said, -that making this claim out of his own fee, he 
ought there, (viz. in the priory) to shew some special evidence 
to assert his claim. Others, that as the prior did challenge no- 
thing of him, but what was reserved by the grant; so could not 
he, unless he shewed a charter for it. And besides, claiming to 
be entertained with as many as he should being, and not spe- 
cifying the number, there could be no lawful reason for it; be- 
cause the stag was always offered on Holy Rood day, whereupon 
grew an old song in rhyme, as a lamentation for Robert de 
Nevill, his great grandfather. 

31 foa, $al jjg fl)orne0 fclato 



Bou eft fje BetJe, ana I; lato 
gfttgjg front to Mato tfjam ag, 

Moreover, it was further said, that it never had been the 
custom of the prior to make a feast on that day, when the ser- 
vants of so great a person was to offer ; and that the prior usually 
on St Cuthbert's day had wont to dine with the bishop at some 
of his own manor-houses ; therefore who should compel him to 
make a feast at home ? Likewise, that those lands were given 
to the ancestors of this lord Nevill, when they were not such 
great men as to have a marshal, a butler and other servants of 
state ; for in those days, they had no more than Raby with its 
appurtenances, which was not then of so much worth as it is 
now; for Branspeth and Raskelfe came to them since by marri- 
age; as also other lands in Yorkshire and Richmondshire: 
Therefore it could riot be thought that the prior of Durham did 
give lands of such value, and purchase the service to be done 
for them at so high a rate, especially considering, that in the 
prior's land book, not only all the services are exactly registered, 
but whatsoever others ought to receive of him. And lastly, that 
there is not so much as mention made of this service in any of 
their chronicles." 

During the vacancy of the priory, the bishop seized the tem- 
poralities of the convent, and by Stephen Mauley (de Malo-lacu) 
his vicar-general, displaced the sub-prior, the prior's of the cells, 
and many who were adherents of the deceased prior, appointing 
others in their places: The prior of Coldingham alone was con- 
tinued in his office. This Graystanes exclaims against as a 
flagrant breach of the privileges of the convent, though the bi- 
shop alledged the members of the house were not capable of 
holding offices, by reason of the sentence of excommunication, 
which remained unpurged. In this period much perplexity 

VOL. II. P 



114- TttE CATHEDRAL. 



arose touching presentations to vacant churches, till it was deter- 
mined they should be made jointly, under the title of Anthony 
bishop of Durham and the convent of Durham, the office of prior 
being vacant. In the year 1308, on the morrow of the Purifica- 
tion, the bishop visited the chapter in the order prescribed by 
pope Boniface, when^ for no other irregularity or offence than 
their attachment to the prior in his struggles against the prelate's 
oppressions, he suspended the following members of the society 
for ten years :- -Richard de Aslakby, who was sub-prior in prior 
Hotoun's time ; Galfridus de Burdon, Prior of Finchale ; and 
Nicolas de Rothbury, almoner of Durham. But archbishop 
Greenfield, in his visitation during the vacancy of the See, after 
the prelate's death, annulled the sentence.* 

The king, jointly with the patriarch, applied to the pope in 
favour of 

WILLIAM DE TANFIELD, 

then prior of Wederhall, and he was accordingly appointed 
Hotoun's successor on the 24th of February, 1308: In this 
act we have a flagrant instance of the corruption of the holy See ; 
for the price of his eolation was not less thun 3000 marks to 
the pontiff, and 1000 to the cardinals. He was installed on the 
feast of St Cuthbert in September following, many of the nobi- 
lity with several prelates being present at the ceremony. 

Under the oppressive spirit of the prelate, the priory suffered 
greatly; being not only much impoverished by the expences in- 
curred, and heavy debt contracted on account of their litigations 
with him : but also greatly embarassed and distressed by the de- 
fection of the prior of Coldingham, who renounced his obedience 
and subjection to the monastery : The prior of Durham visited 
that convent, and displaced the prior for his offence, appointing 
another in his room : After having received the homage and 
fealty of the terr-tenants of the shrine, he followed the deposed 
prior to Stamford, whither he hastened to lay his complaint be- 
fore the parliament, hoping the king and his ministers would 
support him against his superior, as he was personally known 
to them, having carried the banner of St Cuthbert in the Scotch 
war; but in this was dissappointed, for the countenance of the 
court was denied to such injurious proceedings. 

The prior of Durham obtained permission to visit Rome, 
where he staid till the prelate's death. On the accession of bishop 
Kellow, the convent experienced a happy change of circum- 
stances, and received repeated marks of that prelate's countenance 

Rob. de Graystanes. Wharten's Angl. Sac. p. 755, 754, 788. 



THE CATHEDRAL. 115 



and favour ; he reversed all the oppressive acts of his predeces- 
sor, and restored the ancient privileges of the monastery, espe- 
cially in the material point, that during the vacancy of the pri- 
ory, none save the sub-prior and chapter should intermeddle 
with the spiritualties or temporalties of the convent ; the bishop 
retaining to the See the right of having one clerk in the house 
as a nominal guardian thereof, with three horses and three ser- 
vants, without claiming to have any further concern with the 
goods of the house. By the gift of this prelate, the convent had 
Wastrophead, with a fishery in the river Were. 

In the year 1318,* the prior finding his health decline, and 
the attacks of old age hasten upon him, resigned his office, and 
had allotted for maintenance the cell of Jarrow and the manor 
of Wardlejf he lived in retirement until the month of Febru- 
ary, 1342, when he departed this life : He is described to us as 
man of good stature, a graceful countenance, and pleasing car- 
riage ; lavish and diffusive, he was remarked to be improvident 
of his resourses, delighting in a numerous retinue, repeated and 
splendid feasts. We hear of no public works by this prior; and, 
indeed, under the unhappy circumstances in which he was in- 
volved during tho patriarch's time, together with his own ex- 
pensive mode of life, we cannot wonder at the neglect.J 

Licence in a short time being obtained for electing a prior, 

GALFRED DE BURDON, 

then sub-prior of the convent, was placed in ihe chair, about 
the time of the festival of Peter and Paul, 1313, and soon after- 

P 2 

* R. de Graystanes. Wharton's Angl. Sac. p. 755, &c. Grey's MSS. 

f It is difficult to ascertain what place this was ; it h wrote different from the 
Wardlau and Wardlawe before noted : Probably it is Wardale near Jarrow, at this 
day part of the prebendal corps land of this church. 

\ Obligatio pr. et conventus de Lanercost prior et conventui Dun. facta de 1001. 
solvend. eisd. nisi fecerint quamcunq. securitat, quam dicti prior, et conv. Dun. 
duxerint ordinand. super ecclesia de Meldon postquam dicti pr. et conv. de Laner- 
cost, adepti fuerint poosessionem ecclesia de Mitford, E. Cartuar. II. eccl. Dun. 
p. 38, 

Pateat universis quod nos Hen. pr. de Lanercost et ejusdem loci conventus Karl, 
dioc per licjtam stipulaco'em fidel'r promittimus quod obtenta possessione eccl'ie de 
Mitteford nobis in proprios usus concessae religiosis viris d'nis pr. et conventui eccl'iae 
Dun. faciemus quamcunq. securitatem et immunitatem, duxerunt ordinand. super 
eccl'ia sua de Meldon quatenus de jure, possumus et debemus alioquin fatemur nos 
eisd. religiosis viris pr. scil. et conventui Dun. teneri et acrius obligari nomine dam- 
nor. interesse et expensar. in cc. libris sterlingor. solvend. eisd. apud Dun infra 
duos menses a tempore, quo feceremus in possessione pacinca eccl'ise de Mitteford 
p'd'cse et nihilominus in cc. libris argenti in subsidium terra sanctae solvend. In 
cujus rei testimon. sigillum commune capituli nostri presentibus duximus apponen- 
dum. Dads apud Lanercost, xij. kal. Octob. anno D'ni mili'imo trecentesimo de- 
cimo. Randal's MSS. 



116 THE CATHEDRAL. 



wards received confirmation, and was installed: In 1316,* he 
had the mortification to have his sweet country retreat at Beau- 
repaire, which was embellished with every ornament known to 
the taste of those times, pillaged and defaced by a party of ma- 
rauding Scots. He is spoken of by ancient authors in the most 
honourable manner : Graystanes remarks of him, as a special 
singularity, Viros diligens habere infamilia et nonpueros, equospro 
vcctura et non equulos : This prompts disagreeable conjectures 
touching a monastic life, on which an inference arises, that the 
custom of entertaining boys had grown scandalous ; or other- 
wise the historian, a monk of that church, would not have mar- 
ked that part of the prior's character with the eulogium, hte in 
familia erat honorificus, viros diligent, tyc. fyc. Singularity of 
character, even in the exercise of virtue, occasions enmity: for 
the reformation of any vice is a public reproach to those immer- 
sed in the practice of it: The prior, with all his good qualities 
was the object of much wrath ; he was accused with virulence 
at bishop Beaumont's visitation, and many misdemeanors were 
laid to his charge by his brethren,-}- which induced him to resign 
his important office on the 2.5th of January, 1322; he having 
the cell of Weremouth with the tithes of Weremouth and Ful- 
well, assigned for maintenance : Graystanes says, that though 
he had good grounds for defence, he was induced to submit, 
rather than involve the house in litigation and expence.J Soon 
after this resignation. 

WILLIAM DE GUISBURN 

was elected prior, a man equally esteemed for his learning and 
religious life; but on the following Lord's-day, when every one 
expected he should receive confirmation of the holy office, he 
entered the chapter-house, and renounced his election : Where- 
upon the chapter proceeded to a new election, and 

WILLIAM DE COUTON 

was chosen prior : he soon afterwards received confirmation, and 
was solemnly installed on Holy-rood-day : Graystanes says, || he 
was Vir tttique Deo et hominibus amabilis. In this prior's time, 
a disagreeable controversy was determined, touching a claim 
made by Goldesburgh, archdeacon of Durham, of jurisdiction 
in right of his office over the churches appertaining to the mo- 
nastery lying between the Tyne and Tees : It had been usual 
for the archdeacen^ to exercise archidiaconal jurisdiction in the 

* Graystanes says, in the octav. of St John Bap. 1315. 

f Wharton, p. 758. J Ibid. p. 759. 

$ Rob. de Graystanes. Wharton, p. 759. Grey'g MS. Notes. 

J! Wharton, p. 759. f Ibid. 



THE CATHEDRAL, 117 

name of the prior in the churches of the convent, by virtue of 
an agreement made between them, for which an annual sum was 
paid as an acknowledgement; on Goldesburgh's refusing pay- 
ment of the composition money, and persisting in the exercise 
of jurisdiction, the dispute arose ; by compromise it was settled, 
that the prior should enjoy archidiaconal jurisdiction in the 
churches of Jarrow and Weremouth, and Goldesburgh through- 
out the rest for life. The convent had a dispute of the like 
nature with the archdeacon of Northumberland, which was 
compromised in the year 1331 on the like terms; but on his 
death new disturbances arose, and his successor claimed the like 
privilege. 

A mortality raged among the horned cattle, and made a dread- 
ful havoc during this prior's time. After presiding nineteen years, 
he departed this life at Pittington, on the 26th day of February, 
J342, and was buried in the cemetery-yard of the cathedral 
church among his predecessors.* It appears he was a monk of 
the abby of Fountains.f His memory was much revered in his 
monastery ; for with a truly pious life, he displayed much benig- 
nity of heart, in a humble carriage towards his brethren, which 
softened the rigours of the cell, and rendered the cloister cheerful : 
To strangers, and those received at his table, he appeared easy 
of access, and pleasant in conversation : always affording a li- 
beral, or rather magnificent entertainment : Religion fixed its 
genuine impression on his countenance, benevolence in smiles, 
He was succeeded by 

JOHN FOSSOUR 

formerly a monk of Durham, and prior of the monastery of 
Weremouth, who was elected the 16th of march, 1342, and confir- 
med and installed on the last day of the same month : Chambre 
speaking of him, says, he was a man of much wisdom, with a 
prevailing eloquence, so that many took the habit in his timerf 
He caused an account to be had of the goods and possessions of 
the monastery, for the better management and protection there- 
of; and appointed a bursar of great providence and discretion, 
by whose care and assiduity, during the course of six years, 7581. 
3s. 6d. of the old debts of the convent were discharged, 4921. 
7s. 7d. was expended out of the treasury in public works, and 
2091. 5s. 3d. in contributions: He cause'd all the missals of the 
church to be removed, one of which, lying at the altar of St 
Nicholas and St Giles, cost him 221. At the north end of the 
middle transept of the cathedral church, he made a large window 

* fSraystanei Wharfon, p 767. f Jbid. p. 788. 

| Chambr. Wharton, p. 767. Grey's MS. Notes. 



118 THE CATHEDRAL. 



of six lights, with three lesser windows, near the altar of St Ni- 
cholas and St Giles, which was the third and last altar in thataile 
to the north, in the masonry of which he expended 1001. and 
251. in glazing. Stevens seems to confound Chambre's ac- 
count ;* and the great window made by our prior is named 
twice, saying, he made another large and sumptuous window of 
six lights, whereas on a view of the church the error is easily 
discovered. He ordained, with consent of the chapter, that a 
daily mass should be said for his soul at the above mentioned 
altar by one monk, for whose pension, with the maintenance of 
the windows, and for provision for his anniversary, he appro- 
priated lands to the convent. He provided a rich vestment with 
three copes, for the ceremonies of his anniversary. He instituted 
a chantry at the aforesaid altar, which was called the chantry of 
the Holy Trinity, for the celebration of divine service for ever ; 
and under the bishop's license purchased lands in North Fitting- 
ton, Wolviston, and Billingham for its endowment, for which he 
expended 661. J Os. 9d. and for the erection thereof 20l.f He 
gave for the use of the altar a chalice of the value of 6l. 13s. 4d. 
with three albes chasubles and palls ; also images in alabaster of 
the holy Trinity and blessed Virgin, with tabernacles and other 
ornaments, of the price of 221. He expended in other edifices 
and ornaments about the church 4021. 6s. 8d. and made a win- 
dow at the south end of the common hall, which cost him 40l. 
In his time many reparations and new works were made, as well 
within the church as without, particularly in the kiln,J granary, 
and kitchen, the great window of seven lights at the west end of 
the nave, three other windows in the north side of the nave, two 
on the north side of the choir by John de Tickhill, and two on 
the south by the feretory : Also, in this prior's time, the lord 
Ralph Nevill presented to the church a vestment of red velvet, 
and obtained permission that he and his lady Alicia should be 
buried within the walls of the church, which had not been grant- 
ed before to a layman. John lord Nevill his son, at the instance of 
Richard de Birtley and John de Cornvall, then feretaries of the 
church, caused to be made a new work of marble and alabaster 
for St Cuthbert's tomb, which cost upwards of 2001. and at the 
prior's request, the elegant tabernacle work, which divides the 
feretory from the high altar, was procured, towards the expence 
of which Lord Nevill gave 600 marks. It was made in London, 
and sent down by sea ; but before our munificent prior could 
see it erected, attacked by various infirmities, he departed this 

* Vol. i. p. 431. f Chambre. Wharton's Angl. Sac. p. 768. 

\ Torrale. Chambre, Whartou, p. 768. 



THE CATHEDRAL. 119 



life at Beaupaire, on the 12th day of November, in the 90th 
year of his age, and 33d of his priorship, A. D. 1374-. He was 
buried at the north end of the middle trancept, before the altar 
of St Nicholas and St Giles, his tomb being covered with marble 
prepared in his life-time and curiously wrought;* Robert de 
Syreston, a monk of the house, well acquainted with his virtues, 
inscribed it with the versesf in the notes, as given by Browne 
Willis, p. 225 

In this prior's time was fought the great battle of the Red- 
Hills, in which David Bruce was taken prisoner. The victory 
was announced to the people of the city by the ecclesiastics sing- 
ing a solemn hymn or Te Dcum on the top of the steeple of the 
cathedral church, in consequence of a signal from the monks at 
Maiden Bower. This custom was continued on the anniversay, 
till the times of general confusion in the 1 6th century. The 
restoration of king Charles was a matter of such great joy to 
this church, that the ceremony was revived on the 29th of May, 
on which day it is still annually performed. This prior had li- 
cence in 1344- to purchase lands in Monketon and Monkhesle- 
ton ;J and certain articles of agreement between the bishop and 
the convent were ratified whilst he presided. 

* Chambre. Wharton's Ang. Sac. p. 768. Stevens' Mon. vol. i. p. 352. 
Grey's MS. Notes. 

f f-fic prior ecclesise praesentis, dux politiae, 

Et splendor patrise, fuerat lux vera sophiae, &c. 
Hie centenorum fuit effector monachorura,^ 
Ac vicenorum ; numerus fit tantus eorum, 
Corpore tarn mundus non visit in orbe secundus, &c. 

In 1729, when the workmen were repairing the flags in that part of the church, 
they opened prior Fossour's grave, and found the body quite decayed, but the hides 
wherein it had been wrapped were tolerably fresh. These were take away by the 
workmen, cut into small pieces, and distributed among the curious. A very large 
piece was in the possession of the late Basill Forcer, of Elvet, esq. 
| Vid. Ann. bishop Bury, vol. i. p. 596 Rot. Bury, sch. 18. 
E rotulis Rici Bury e'pi in cancellar. Dunelm- sched. xvij. anno undecimo. 
RIC'US, Dei gra. &c. vie Dunelm. salutem. Cum in quadam compositione du~ 
dum inter predecessores nostros e'pos Dunelm. et predecessores nunc prioris Dunelm. 
initer et firmata inter cetera contineatur, quod si aliquis liber homode terra velfeodo 
prioris convictatur de felonia, vel nolit stare judicio ita q'd debeat terram amittere 
per feloniam, e'pus habebit terram illius in manu sua per unum annum et unum 
diem, et de exitibus terras illius et catallis ct vasto felonis vel felonum, in omnibus 
e'pus habebit unam medietatem et prior aliam medietatem per manum ballivi e'pi. 
Post annum vero et diem elapsum prior vel capitalis d'nus d'ci felonis habebit dic- 
tam terram tanquam escaetam suam et omnia amerciamenta et proficua de placitis 
corohe provenientia et de assisis, et omnibus alijs placitis qtifd terminabuntur per ju- 
dicium vel finem vel concordiam in curia e'pi de terra vel de feodo prioris dimidia,. 
buntur sine difficultate et dilatione inter episcopum et priorem, prout in composi- 
tione predicta plenius continetuf. Nos compositionem volentes inviolabiliter obser- 
\ He was the first prior interred within the walls of the church. 



120 THE CATHEDRAL. 

On the petition of Ralph lord Nevill for a burial place within 
the church, the prior and convent granted theirlicence for making* 
a sepulchre on the south side of the nave, to which the convent- 
ual seal was affixed, then bearing the impression of the head of 
St Oswald : Et concesserunt eis cum litera sub sigillo capitis Sancti 
Oswaldi,*. The cross side or reverse is remaining at present in 
the dean and chapter's library, from whence Mr Allan took se- 
veral impressions in wax, but the head side is lost.f 

Application was made to the See of Rome by king Edward III. 
that the church of Hemingburg in Yorkshire should be appro- 
priated to this church, which the pope in the year 1372 refused, 
because of the populousness and other excesses thereof. The 
epistle of pope Gregory II.J shews the state of the monastery at 
that time. The king's letter prayed the appropriation to be made 
propter necessitates eis incumberites ; to which the pope replied, 
he was informed the religious body consisted of 1 50 persons, with 
four dependent abbies, where priors had been instituted ; besides 
which they held appendent to the monastery, thirteen parish 
churches, and to many others they, had the right of collation: 
That, by reason of their opulence, they were guilty of great enor- 
mities ; when they travelled, they were each attended by three 
or four horseman, and made an appearance inconsistant with re- 
ligious humility ; and that in their expences, as well in provision 
for their table as apparel and other ordinary matters, they were 
guilty of great excess. 

ROBERT DE WALWORTH, 

alias Benington, alias Berrington, succeeded to the office of prior, 
he being elected on the llth of December 1374, and confirmed 
on the 24th of the same month. The elegant work which his 
predecessor Fossour and lord John Nevill gave to this church, 
this prior was at the expence of erecting, employing therein seven 

vari tibi precipimus, &c. Dat. Dunelm. per manum Robert! de Calne cleric! nostr- 
octavo die Decembris, anno lupradicto (1344). Per literam domini ipsius episcopi. 
, Randal's MS. 

Md. quod die Jovis proxima ante festura Sancti Ambrosii (A. D. 1350.) Joh'nes 
de Thorppton executor, testament! mag'ri Gill'i de Midilton deliberavit d'no Rob'to 
de BamburMi, unam aquietanciam de arreragiis cujusdara annue pensionis dicto 
mag'ro Gill'o debit, per priorem Dunolm. in cuj. resignacione et deliberacione ac- 
quietancie fuerunt presentes d'n's Joh'nes prior eccl'iae I unolm. d'n's Rob'tus de 
Bamburgh, d'n's Will, de Masham, terrar. et d'n's Joh'nes de Neuton Burs, mona- 
chi. Et seculares Joh'nes de Menneville, Joh'nes de Haliden, et Thomas de Sal- 
cock, et Joh'nes Abell, cl'icus. Bibl. Dec. & Cap. MSS. B. iv. p. 26, 86. 

* Chambre. Whart. Ang. Sac. p. 768. 

f Adeo Celebris erat crux ilia S. Osualdi, ut conventus Dunelm. olim ea in sigil- 
lo suo utebatur. Ex una enim istius parte, caput S. Osualdi, et crux ejus ex altera 
exhibebatur, &c. Appendix, N? 13 Smith's Life of Bede. 

J Ryraer, torn. ti. p. 759. 



THE CATHEDRAL. 121 



artists near a year. In the year 1380 the high altar was com* 
pleated and solemnly dedicated to the holy Virgin, St Oswald 
the royal martyr, and St Cuthbert, the whole convent appear- 
ing in procession and assisting at the ceremony.* 

The convent was greatly enriched by him : in 1378 he ob- 
tained licence to purchase lands,f and in 1379 received a char- 
ter of confirmation of various purchases made in Wolviston, 
Billingham, Great Burdon, Aycliff, Fery, Monkhesildon, Ed- 
mundbyers, Durham, Hett, Heburn, Spennyngmore, Rayley, 
Aldernagc, Elvet in Durham, and the old borough of Durham.:): 
In 1380 he had confirmation of the exchange of Henknowl for 
lands in Wolviston, made with John de Belays.^ In the same 
year a licence was procured for the purchase of other lands, of 
the annual value of 200 marks, for the maintenance of eight 
monks, and eight secular scholars to study in Durham college, 
Oxford. I| In 1388 another licence was granted for the purchase 
of lands at Helay, and lands and tenements in Gateshead Whyck- 
ham, the old bridge at Durham, Clayport, Sadlergate, the North- 
Bailey, Fleshhewer-Raw, Framwelgate, Pipewelgate, West and 
East Merrington, Aycliffc, Fery, Wolviston, Hesledon, Le 
Brome, North Pittington, East Rainton, Heburn, Burdon, Bil- 
lingham, Edmunbyres, St Giles's, or the street of St Egidius, 
Alertongate in Durham, the old borough of Durham, Elvet and 
Cocken.^l In 1390 Wm de Scrope presented, at the feretory 
of St Cuthbert (in satisfaction for certain offences by him com- 
mitted against the rights of the church) a jewel of the value of 
501.** This prior obtained from Pope Urban VI. a bull, that he 
and his successors should be invested with the mitre, pastoral stafl^ 
rings, sandals, and other pontifical insignia, and was the first prior 
in this church authorised to use the same.ff He appeared rigidly 

VOL. n. Q 

Chambre. Whart. Ang. Sac. p. 769, 788. f Rot. Hatfield.sch. 4,N 6. 

| Ibid. sch. 2, N 3, dated April 28, 1379. Ibid. Sched. 

|| Thomas Dei gra. e'pus, &c. O'ib's, &c. sciatis quod de gratia nostra special! 
concessimus et licentiam dedimus,'&c. dil'cis filiis n'ris in Christo priori et conventui 
eccl. nostra! Diinelm. quod ipsi terras tenementa et redditus cum pertinentiis ad va- 
lorem ducentarum mercarum per annum, &c infra regiam nostram libertatem Dun. 
&c. adquirere possint. Habend. et tenend. sibi successoribus suis in puram et per- 
petuam eleemosinam ad manu. tenend. et sustentand. octo monachos capellanos, et 
octo pauperes scholares in collegio nostro Dun. apud Oxon. per nos de novofundato 
scolatizantes imperpetuum, &c. &c. Rot. B. Hatfield, sch. 2, A. D. 1380. Vid. 
Smith's Annals of Univ. Col. p. 375. Ang. Sac. p. 772. Chambre. 

J Rot. Fordham, sch. 10, N" 13, dated May 1, 1388. 

** Rymer, torn. vii. p. 654. An 13 Rich. II. 1390. 

f f Dimissio Ebor. archiepiscopi super impel itione de usa ponlificalium. 

UNIVERSIS s. matris eccl'ise filijs ad quos prassentes literae pervenerint, Alex- 
ander (Nevill) permission* divina Ebor. archie'pus, Angliae prim-as, ac sedis aposto- 



1*22 THE CATHEDRAL. 



attentive to the rites of the church in the ceremonies of bishop 

lica? legatus, salutem in omnium salvatore. Ad nostram nuper devenit notitiam 
quod religiosus vir frater Roberlus de Walworth, prior ecclesiae cathedralis Dunelm. 
cum mitra et baculo pastoral!, annulo et sandalijs et aliis insignijs pontific. indutus 
missas et alia divina officia infra nostram dioces. Ebor. ac nostram jurisdictionem 
absq. auctoritate sufficiente temere celebrare praesumpsit in nostrae jurisdictionis 
contemptum manifestum. Unde nos Alexander archie'pus supradictus, de auctori- 
tate give potestate praemissa faciendi si quae eidem priori competerent in hac parte 
volentes effici certiores, eundem priorem infra nostram dioces. Ebor. praedictara 
personaliter apprehen&um ad exhibend. coram nobis privilegium sive auctoritatem 
et potestatem si quae habuerit in praemissis ad certos diem et locum competentes pe- 
remptorie fecimus evocari. Quibus die et loco praefatus prior per procuratorera 
suum legitime constitutum coram nobis in judicio comparents literas apostolicas 
sanctiss. in Christo patris et d'ni nostri d'ni Urbani divina providentia papa? Sexti 
vera bulla plumbea isipus d'ni papa? more Romanse curiae bullatas, sanas et integras, 
ac omni vitio et suspicione carentes, drcto priori per eundem d'm papam ad praedicta 
faciend. concessas nobis exhrbuit et ostendit; quarum tenor est talis, " Urbanus 
" episcopus servus servorum Dei dilectis filijs Roberto priori et capitulo ecclesiae 
44 Dun. ordinis S. Benedicti salutem et apostolicam benedictionem exposcit vestrae 
44 devotionis sinceritas et religionis promeretur honestas, ut tarn vos, quos speciali di 
44 lectione prosequimur, quam etiam ecctesiam vestram dignis honoribus et gratijs 
44 attollamus. Hinc est quod nos vestris in hac parte supplicationibus inclinati ut tu 
41 fili prior et successores tui priores dicta? ecclesiae qui pro tempore fuerint, mitra, 
41 baculo pastorali, annulo et sandalijs et alijs pontific. insignijs libere possitis uti, si 
" et in quantum aliqui alij priores cathedralium ecclesiarum ordin. S. Benedict! in 

4f regno Anglise consistentium illis utantur - - ,-- felicis recordatio- 

41 nis Alexandri papa? quarti predecessoris nostri, qua? incipit Abbates, et alijs qui- 
** buscunq, constitutionibus apostolicis in contrarium editis nequaquam obstantibus, 
" vobis et eisdeni successoribus auctoritate apostolica de speciali gratia tenore prae- 
* sentium indulgemus. Nulli ergo omnino hominum liceat hanc paginam nostrae 
41 concessions et voluntatis infringere, vel ei ausu temerario contraire. Si quis au- 
44 tern hoc attemptare praesumpserit indignationem omnipotentis Dei et beator. Petri 
" et Pauli apostotorum ejus se noverit incursurum. Dat. Romae apud S. Petrum 
44 xij kal. Augusti, pontif. nostri a secundo." Quibus quidem liteiis apostolicis 
coram nobis, ut prsefertur, exhibitis, et per nos diligenter inspectis, nos Alexander 
archiep. supradictis eidem priori ac successoribus suis dicta? eccl'iae Dunelm. priori- 
bus Iinperpettsum, quod ijdem priores omnes et singuli in celebrationes divinorum 
officiorum infra nostram provinciam Ebor. ubilibet faciendorum in nostra et succes- 
sorum nostrorum quorumcunq. Ebor. arebiepiscopo : Pra?sentia mitris tantummodo 
aurifrisiatis, aureas vel argenteas laminas ac gemmas habentibus, una cum annulo, 
baculo pastorali et aliis pontific. insignij* supradictis, secundum formam et tenorem 
privilegij eis super hoc per sedem apostolicam concessi, et prout eis videbitur licite 
uti valcant absq. contradictione nostra, vel successor, nobtrorum praedictorum ad re- 
quisitionem et specialem rogatum dictonim prioris et conventus quantum in nobis 
est licentiam tenore praesentium concedimus et liberam facultatem. In cujus rei 
testimonium sigillum nostrum fecimus his apponi datis in manerio nostro de Thorp. 
TJ die mensis Augusti, a D'ni 1382, et nostra? consecrat. nono. II. Reg. 
antiq. D. C. D. Part 2d, p. 52. 

Confirmatio privilegior. de #su mitres et baculi pastoralis priori Dunelm. 
MARTINUS V. episcopus, servus servorum Dei ad perpetuam rei memoriara; 
idq. ad. ecclesiar. praesei tim cathedralium decor em et laudem gratiose concessa sunt 
ut amplioris obtineant roboris firmitate turn a nobis petitur nostra? sol icitudinis partes 
libenter adhibemus eaq. favoribus prosequimur opportunis. Exhibita siquidem no- 
bis nuper pro parte dilector. filiorum prioris et capituli eccl'Ise Dunelm. ordinis S. 
Benedicti petitio continebat quod olim quondam Urbanus in sua obedientia de qua 
partes illw tune erant vi nuncupatus, ut idem prior_et successores sui priore* dicUe 



THE CATHKDRAL. 123 



Hatfield's interment. Chambre tells us,* the executors applied 
to the convent to permit the chariot on which the remains were 
brought to enter the church, and that the same with the horses 
might be returned ; or otherwise they should be obliged to take 
the body from the vehicle on the outside of the church-yard, and 
carry it on men's shoulders into the church, because the chariot 
and horses were not the late prelate's property at the time of his 
death, he having previously disposed of them. To this the prior, 
with the assent of the convent, replied, that he would not consent 
on any consideration to the infringement of any of the privileges 
of his church ; but that the sacrist should have the chariot, 
horses, and all the vestments, with which the remains should 
enter the north gate, together with the chapel, and all other the 
episcopal ornaments used at the interment. The lord Nevill and 
four others of distinction were chosen to determine upon this 
claim ; who adjudged, that by ancient custom all these matters 
appertained to, and were the right of the church ; but they com- 
promised the same in the present instance, and the executors 
consented to pay 2001. in lieu of the articles demanded, in order 
that the splendor of the interment might not be diminished, or 
the intended ceremony disturbed.f 

After presiding in the monastry seventeen years, the prior di- 
ed, and was buried before the altar of St Benedict, being the 

ecclesire qui pro tempore forentv mitra, baculo pastoral!, annulo ac sandalijs et alijs 
pontificalibus insignijs libere posuit uti, sic et in quantum aliqui alij priores cathed. 
eccl'iar. died ordinis in regno Angliae consistentium illis uterentur, eisdem priori ec- 
clesise Dunelm. et successoribus ac capitulo auctoritate apostolica de speciali gratia 
per suas literas duxerat indulgendum, prout in eisdem literis dicitur plenius conti- 
neri. Cum autem sicut eadem petitio subjungit nonnulli in Anglia consistentium 
ecclesiarum dicti ordinis priores hujusmodi mitra, baculo pastorali, annulo sandalijs 
et alijs pontificalibus insignijs terrpore concessionis hujusmodi uterentur, prout ipsi 
et praefatus prior Dunelm. utuntur etiam. de praesenti pro parte eorund prioris eccles. 
Dunelm. et capituli nobis fuit humiliter supplicatum ut concessionem hujusmodi pro 
ipsius substantia firmiori nostrae confirmationis robur adjicere de benignuate aposto- 
lica dignaremur.. Nos, igitur volentes eandem Dunelm. ecclesiam ad earundem ec- 
clesiar. instar honorari ac priorem ejusdem Dunelm. ecclesiae et capitulum praefatos 
favoribus apostolicis prosequi gratiosis hujusmodi supplicationibus inclinati praefatam 
eisdem prioci eccl'iac Dunelm. et successoribus suis ac capitulo ut praemittitur factam 
concessionis gratia ratam habentes et gratam, eadem auctoritate apostolica, confirma- 
mus et praesentis scripti patrocinio communimus. Nulli ergo omnino homini liceat 
hanc paginam nostrae confirmationis et communitionis infringere, vel ei ausa teme- 
rario contraire. Siquis autem hoc attemptare pracsumpserit, indignationem omnipo- 
tentis Dei et beator. Petri et Pauli apostolor. ejus se noverit incursurum. Dat 
Florentiae 7 kal. Octobr. pontificatus nostri anno secundo anno D'ni MCCCCXK. 

* Whart Ang. Sac. p. 771. 

^ f O ineffabilis miseria hujus mundi! Dum vixerat erat episcopus sine compara- 
tione diti-ssimus hujus regni ; et idem mortuus non habuit unde honorifice sepeliri 
posset ; nee unde faceret ecclesiae sponsse suae relictae, quomodo alii episcopi multo 
pauperiores cranes facere solebant. Chambre. Wh, Ang, Sac* p 7TIJ. 



124? THE CATHEDRAL. 



first of the three altars in the north limb of the middle transept, 
His tomb was covered with marble, and ornamented with his 
effigies in brass and other curious work.* 

JOHN DE HEMMINGBURGH 

succeeded in the same year, and held this important office 
twenty-five years.-)- In his time the bishop's right to receive pro- 
fession of the monks was re-claimed, and, after much litigation 
and an appeal, the bishop withdrew his suit. The jurisdiction 
of the convent's churches within the diocese of York was again 
agitated during this prior's, office and Was determined against the 
archbishop.f He sent his proctor to the convocation at York in 
the year 1398. The prior departed this life in the year 1416, 

* Grey's Notes. Stevens' Mon. Fuller's Ch. Hist. &c. 

j* Anno hujus 19 erat reformatio ordinis nigri monachorum Chambre. Whart. 

Ang. Sac. p. 775. J. de H. sic enim dicitur in ipsius chartulario anno 1408 

scripto; de Giningburgh in judiculo saepe dicto cognominatus. Wharton, p. 788. 

Append, to Wake's State of the Church, p. 79. Grey's Notes. Stevens' Mon.&c. 

| Commissio Henrici Bowet archiepiscopi JEbor. Richardo Pyttes ad inquirend. de 

titulis etjuribus ecclesiee Dun. in dioc. Ebor. 

HENRICUS permissione divina Eboracen. archie'pus Angliaa primas, et apos- 
tolicfe sedis legatus, dilecto nobis in Christo inag'ro Richardo Pytles canonico ec- 
clesiae nostrae Ebor. et cancellario nostro, salutem, gratiam et benedictionem. Qui 
nuper nos nostram dioc. ac archidiaconatus Eborum, Eitrydding et Cliveland, ac 
ecclesias, personas et loca de Hovedon et Hovedonshire, Alverton et Aivertonshir, 
annis D'ni 1409 et 10 visitantes, accepimus quod prior et conventus ac capitulum 
eccl'iae Dun. ordinis S. Benedict! de Northalverton, Estryngton, Gygleswyk. Bosall, 
Fysshelake et Rodyngton, eccl'ias parochiales nostrae Eborum dioces. ac pensiones 
annuas ab ecclesijs infra ipsam nostram dioc. constitutis ac ecclesiasticis personis, 
videlicet, de ecclesia de Hemyngburgh quinq. marcas, de eccl'ia de Brantyngham 
decem marcas, de eccl'ia de Welton tres marcas, de eccl'ia de Walkyngton 
centum solidos, de eccl'ia de Skypwith unam marcam, de eccl'ia de Holtby 
viginti et quinq. solidos, de vicaria de Alverton viginti libras sterlingorum, 
de eccl'ia de Syggeston decem marcas, de eccl'ia de Rungeton quadraginca 
solidos, et de eccl'ia de Normanton unam marcam, in suos proprios usus sine 
titulo canonico occuparunt et tenuerunt, occupantq. et tenent, fructusq. redditus, 
proventus et dechnas quarundem earundem eccriarum de facto in suos usus et col- 
legij sui Oxon. converterunt et convertunt. Ipsiq. prior, conventus et capitulum, 
per se et custodes suosac ministros omnimodam jurisdictionem spiiitualem in eccl'ijs 
de Hovedon, Estryngton, Brantyngham, Uemyngburgh, Welton, Walkyngton, 
Holtby, Northalverton, Siggeston et Rungeton supradictis, ac prebendis, vicarijs et 
capellis suis, parochijsq, clero et populo earundem villisq personi> et locis suis alijs 
infra Hoveden et Hovedonshir, Alverton et Aivertonshir, nostrae dioc. predictae 
constitutis, temere exercere usurparunt et usurpant, absq. nostris auctoritate et con- 
sensu ; aliaq. ibidem a jure communi exorbitantia, et nobis praejudicialia etiam fece- 
runt et faciunt pro suae libite voluntatis. 

Nos igitur volentes, prout ad nos pertinet ex pastoralis officii debito, effici de prae- 
missis certiores, dictos priorem et conventum ac capitulum eccl'iae Dun. omnesq. 
alios quorum intererat in hac parte, ad comparend. coram nobis vel com'issario nos- 
tro super prajmissis de justitia responsur. ac ulterius processur. et procedi visur. fac- 
tur'q et receptur. quod justum iuerit in hoc casu, ad certos diem et locum nunc 
futur. competentes fecimus peremptorie evocari. Verum quia sumus multipliciter 
praepediti quo minus super prasmissis personaliter procedere valeamus ad ulterius in- 
quirend. procedend. statuend, decernend. terminanddefiniend. et exequend. acplenarte 



THE CATHEDRAL. 125 



and was interred in the south limb of the middle transcept of the 
cathedral church, before the altar of the holy Virgin, being the 
first from the south aile of the choir. His tomb was covered with 
marble, wrought with his effigies and those of the twelve apos- 
tles in brass.* To him succeeded. 

justitiam faciend. in praemissis cum omnibus et singulis incidentibus, emergentibus, 
dependentibus et connexis, vobis magisto Richardo canonico et cancellario nostro 
praedicto, de cujus fidelitate et industria plenam in d'no fiduciam obtinemus, com'it- 
timus vices nostras et plenariam in d'no potestatem, cum cujuslibet coercionis canonica? 
potestate. In quorum omnium test, sigillum nostrum praesentibus est appensum. 
Datis in castro nostro de Cawood vicesimo sexto die mensis Julij, anno D'ni 1410, 

et nostrae translationis tertio. 1. Reg. eccl. Dun. p. 186. 

Sententia definitiva pro jure eccViae Dunelm. contra archiepiscopum JEborum. 
CHRISTI nomine invocato, et habentes prae oculis solum Deum per hanc nos- 
tram definitivam sententiam quam in his scriptis fecimus de consilio et consensu 
juiisperitorum nobis assidentium, nos Richardus Pyttes canonicus ecclesiae Eborum, 
ac venerabilis in Christo patris et d'ni Henrici, Dei gratia, Eborum archie'pi, An- 
glia3 primatis, et apostolicse sedis legati cancellarius, et per eundum venerabilem pa- 
trem in hac parte commissarius, specialiter deputatus, pronunciamus, decernimus et 
declaramus eccl'ias parochiales de North alverton, Estryngtonet Gygleswyk religiosis 
viris priori et conventui ac capitulo ecclesiae Durielm. ecclesiasq. de Bosall, Fisshe- 
lake et Rodyngton Eborum dioces. collegio dictorum prioris et conventus Oxon. 
fuisse et esse rite et cononice unitas, appropriatas, annexas et incorporatas, cum suis 
capellis, juribus et pertinen. universis, ipsasq. ecclesias cum capellis ab eisdem de- 
penden. juribusq. et pertinentiis suis : Necnon portiones et pensiones annuas ab 
ecclesijs parochialibus dictae Eborum dioc. videlicet, de ecclesia de Hemyngburgh 
quinq. marcas, de ecclesia de Brantyngham decem marcas, de ecclesia de Welton 
tres marcas, de ecclesia de Walkingtom centum solidos, de ecclesia de Skypewirh 
unam marcam, de ecclesia de Holteby viginti quinq. solidos, de vicaria de Alverton 
viginti libras sterlingorum, de ecclesia de Siggeston decem marcas, de ecclesid de 
Rungeton quadraginta solidos, et de ecclesia de Nomanton unam marcam sterlin- 
gorum, jusq. et liberam potestatem, ac jurisdictionem spiritualem ad forum ecclesi- 
asticum de jure vel consuetudine spectantia, ac visitationem solit in Hoveden et 
Hovedenschir, Alverton et Alvertonschir, ceteraq. jura sua, prout in compositione 
inter bonae memoriae Willielmum quondam Eborum archie'pum prasfati venerabilis 
patris d'ni nostri d'ni Henrici Eborum archie'pi pradecessorem ac prsefatos priorem 
et conventum Dunelm.de et super jurisdictione suahujusmodi in Hoveden et Hove- 
denschir, Alverton et Alvertonschir, inde facta memoratur plenius, quam compositi- 
onem et contenta in eadem hie haberi volumus specialiter pro justis nabend. ac per 
se et suos custodes et ministros clericos seculares deputatos et deputandos exercend. 
ad praefatos religiosos viros priorem et conventum ac capitulum Dunelm. pertinuisse 
pertinere et pertmere debere, ipsosq. in praemissis omnibus et singulis fuisse et esse 
titulo sufficient! et canonico munitos ac in eisdem sufficiens jus et titulum compe- 
tentem habuisse et habere, ac ea juste et canonice tenuisse ac tenere, exercuisse et 
exercere, ac possidisse et possidere, percepisseq. et sic in futurum debite percipere, 
et de eisdem libere per se et suos dispondere debere. Necnon ipsos priorem et con- 
ventum Dun. ac suum colleg. Oxon. absolvendos fore et absolvimus ab ulteriori im- 
petione officij dicti verabpatris et nostri in hac parte, ac in pace dimitthnus judicia- 

liter in his scriptis. 1. Reg. Eccl. Dun. p. 260. 

* ECCE ! marmoreus lapis hie tegit ossa Johannis, 

Quern residere Deus coelis cunctis det in annis. 

Hemmingburgh natus fuit hie et honorificatus 

Sede prioratus, virtute probus monachatus. 

Qui legis base, pro me Pater unum supplica, pro me 

Un' dirigas, et ave Deus, ut me libret ave. 



126 THE CATHEDRAL. 



JOHN DE WESSINGTON, 

who was elected the 5th of November, 1416. This learned prior 
wrote many tracts, particularly one, Dejuribus et possessionibus 
ecclesite Dunelm,* wherein he proves, that the priors of Durham 
were alway invested with the dignity of abbots.f There are some 
of his MSS, in the dean and chapter's library, B. 5, N. 1. The 
account of the paintings in the windows, and of the ornaments and 
ceremonies of the church, now extant, is by some attributed to 
him. He renewed the dispute with the bishop touching the 
profession of the monks, which was determined in the prior's fa- 
vour; and presided at the general chapter held for the order of 
St Benedict, at Northampton, in the year 1426. In his time, 
several licences were obtained for acquiring lands by the mo- 
nastery, J in Coupan, Billingham, Burdon, East-Rainton, and 
Ferry on the hill, and also in Barmeton, East, West, and Mid- 
dle-Merrington, the barony of Elvet near Durham, and the old 
borough of Durham : and also a licence to receive the manor of 
Heworth near Aykley, according to the disposition and ordi- 
nance of prior Hotoun. We have a correct list of the fraternity of 
this monastery, resident at the time of the visitation of John Mar- 
chall, L. L. B. vicar-general to the bishop, in the month of Ja- 
nuary 1437.5 Prior Wessyngton presided thirty years, and de- 

Bibl. Cotton. Vitell. A. 9. 

f Volo etiam et praecipio ut omnes priores Dunelmensis ecclesias, qui futuri sunt, 
omnes libertates. consuetudines, dignitates, et honores abbatis obtineant, &c. 
Cart. Wm I. Dugd. Mori. vol. i. p. 45. 

Rot. E. Langley, N 43,69. Rot. A. Nevil, K" 112. Rot. M. Nevil, 
N 53. 
Nomina confralrum et commonachorum ad visitationem Joh. Marchall LL. B. 

citatorum Dunelm. Jan. 4 1437. 
[From Wilkins' Concilia, vol. Hi. p. 462.] 



John Wessington, prior 

j The prior had lodgings by himself, 
with all offices thereto belonging : The 
rest took precedency according to the 
the topical statutes of the convent.] 

Steph. Handey, sub-prior 

[The sub-prior was next, whose office 
was to assist the lord prior when he was 
present,andtoactinhissteadwhenabsent.] 

Will. Poklingeton, infirmat. 

John Durham, sen. 

Robt. Emildon 

Will. Baroy, prior de Finkhale 

John Gisborne 

Will. Ebchester, sacrista 



Hugh Warworth, infirmat. 

Will. Durham 

Rog. Langchester, mag. infirm. 

[Infirmarius was the curator of the 
infirmary, wherein sick persons, not to 
be lodged in the dormitory, had the be- 
nefit of physic and attendance : No Lent 
or fasting days were kept therein, sick- 
ness being a dispensation to eat flesh.] 

John Swineshed, infirm, 

Tho. Moreby 

Tho. Witton 

Hen. Fereby 

John Gonerton, altus decan. ord. 

John Durham, mag. cella de Jarowe 

Robt. Moreby 

John Wayckcliff 



THE CATHEDRAL. 



prated this life in the year 1446.* He was buried before the 
door of the north aile, near to St Benedict's altar On his tomb- 
stone was an inscription on brass, now totally lost. 
WILLIAM DE EBCHESTER 

was elected prior on the 30th of June f 1446, holding the chair 
ten years and three months. He resigned in the year 1456 ; and 
surviving that act but a short time, was interred under a marble 
stone in the south aile of the middle transept, before the altar of 
the holy Virgin, called our Lady of Bolton, which was erected 
by the Nevills: This was the second altar in that place. His 
tomb, Willis says, was inscribing as in the notes.f He was suc- 
ceeded by 



Rich. Barton, tertius prior etferetrar. 

[As for the third prior (for such a di- 
minutive appears; he might have some 
*>ther office joined to it.] 

Tho. Nisbite, hostillarius 

John Dorwarde, alter dec. ordin. 

Geo. Sither, mag. Galilee 

John Bailey, camerarius 

Will. Lyhame, mag. cellos de Warmoth 

monachorum 

John Ell, senesc. d'ni prior 
Tho. Laneson, bursar* 
Tho. Hexham, sen. 
John Gaitesende 
John Harome 
Tho. Ward, cancellar. 

\_Cancellarius was the registrary, au- 
ditor, and secretary of the convent; it 
being his proper business to write and 
return letters, and manage themostlearned 
employments in the monastery.] 

Robt Ergehowe 
Tho. Foord, refectar 
Will. Dalton, offic. cancellariee et elemo- 
sinar. 



Will. Eden 

Will. Clifton, infirm. 

John Bertley, granatar 

Robt Westmerlande 

John Warrener, precentor 

Tho Sewyn 

Rich . Blakburne, capellanus d'rti nrip'ri 

John Wheldrike 

Tho. Bradbury in Cella 

Robt Scremestbie 

Will. Kirkeby 

John Midleham 

jNIch. Boltoa 

John Rippon 

Robt Parke 

Will. Kellowe 

Hen. Rackett 

John Bradburie 

Will. Figge 

Robt Wrakes 

Will Rodburne 

John Rihahall 

Will. Cutberte 

Rich. Shierburne 

Will. Burden 

John Eden 

Tho. Culve 



For explanation of other officers, see Fuller's Church History, p. 284. 

* Chambre Whart. Angl. Sac. p. 776, 719. Grey's Notes Bernard's Catal. 

(MSS.) torn. ii. pi. 1. p. 12 Smith's Catal. of Cotton MSS. p. 82, 89. 

f Chambre. Wharton's Angl. Sac. p. 777, ,789 Stevens' Mon. p. 352. 
Grey's Notes. Willis's Cath. 

| EN ! tegit haec petra venerabilis ossa Wilhelrai 
Ebchester ; justos consumit terra sepultos. 
Ingenio pregnans fuerat, calestia pandens, 
Oeconomus verbi fidelis dogmata sacri. 
Egenti largus, sitienti pocula prsebens, 
Nudatis vestes ; peregrines hospes amoenus. 
Rexerat ecclesiam prudenter jure prioris, 
Accumulans praemiis eandera valde decoris. 
Naturae cessit post partura Virginia anno, 



128 THE CATHEDRAL. 



JOHN DE BURNABY, D. D. 

who was elected the 25th of October 1456,* and presided eight 
years. He died in the year 1464, and was buried on the 15th 
of October, in the middle aile of the nave, opposite the cloister 
door. On the marble which covered his tomb was his effigies in 
brass. 

RICIIARDf BELL, B. D. 

was elected the 26th of November 1464 : He presided here thir- 
teen years and twenty weeks, and was consecrated bishop of Car- 
lisle on the 6th of March 1478. Whilst prior of Durham, we 
find him named several times in the commissions of Edward IV. 
on treaties with the king of Scots. He died in 1496, and was 
interred in the middle of the choir of Carlisle cathedral ; his 
tombstone, with the effigies in brass, and other ornamentals, are 
still in good preservation. His successor 

ROBERT EBCHESTER, D. D. 

was elected the 26th of November 1478 ; presided only six years 
and during that time obtained several licences to increase the 
possessions of the convent.^ He departed this life on the 29th 
of June 1484, and was interred in the south aile of the middle 
transept, before the altar called our Lady of Bollon's, under a 
marble tombstone, ornamented with his effigies in brass, the in- 
scription (given by Willis) as in the notes. || His successor 



CD. quingento adjuncto postca sexto. 
Corpora defuncto, ejus in secula virtus 
Durabit, superis oblatio maxima divis. 
Australi ecclesiae sub marmore parte sepultus, 
Cum Christo dormit, vivit, regnatque beatus : 
Pro quo, metra legis haec qui, ora mente fideli, 
Ut fit semper ovans cum sanctis culmine coeli. 

* Stevens, 9th Nov. Chambre. Wharton's Angl. Sac. p. 778, 789. Grey's 
Notes. Pavies, &c. 

f Called Ranulphus in a MS. given by him to the library of the convent. Grey's 
o tes. _ Stevens' Mon. Chambre. Wharton's Angl. Sac. p. 778, 789. 
1 Rot. A. Dudley. N y 77. Dat. 1st Apr. 1483. Rot. B. Dudley, N 67. Dat. 
20th Jan. 1482, touching lands in Cleatlam, Little Hesswell, the barony of El vet, 
the borough of Elvet, the old borough of Durham, the street of St Egidius or St 
Giles, Wolviston, Ferie, Bellyngham, Aykley, Morton, Tinmouth, Heburn, borough 
of Durham, and South Bailey. 

|| MARMORE Robertus jacet hie sub jure disertus 
Ebchester, certus sibi sit Deus ipse misertus. 
Extiterat castus corpus prior hie probitatis, 
Poctus, non fastus, studio fungens veritatis, 
Largus, amans, hilaris, subtilia dogmata pandens, 
Sacra suis merilis virtutem carmina clangens. 
Die Pater infer Ave cum Credo postulo pro se 
Christo, sicq. vale repetens mea metrica juste 
Mille CD. quaterno L. ter deno quoque quarto. 



THB CATHEDRAL. 



129 



JOHN AUCKLAND, D. D. 

was elected on the 16th of July 1484 ; presided ten years : and, 
departing this life in the year 1494-, was interred within the 
church.* He was succeeded by 

THOMAS CASTELL, D. D. 

who was elected the 4th of May 1494, and held his office twen- 
ty-five years. The church was not purged, even in this age, of 
its grossest superstition ; for we find an account in Chambre of 
a healing performed on one Richard Poell, a courtier of king 
Henry VII. at the tomb of St Cuthbert.f In this prior's time 
we have a list of the brethren of the monastery, as given in the 
notes.J Much friendly intercourse appears between bishop Fox 
and the convent, and many special marks of favour were shewn 
by the^p relates. The prior was made master of the bishop's game, 
with a grant of venison from his forests and parks at pleasure. J| 

VOL. II. R 

* W. de Chambre. Wharton's Angl. Sac. p. 779, &c. Grey's Notes, 
f Wharton's Angl. Sac. p. 781. 

t Nomina confratrumet commonachor. ecclfts cathedral, Dunelm. 1501. Ran- 
dal's MSS. 



Tho. Castell, prior 

Will Browne, sub-prior 

Will. Yondale, mag. infirmar. 

John Steele 

John Corneforthe, sacrista 

John Claxton 

T. Lowsan, dec an. ord. 

Will. Howkwell, bursar* 

Robt Werdall, feretrar 

John Riddall, elemosinar. 

John Porter, commoror. 

Edw. More, decan. ord. alter. 

Rich. Evenwoode, senesc. ho&piciy p'ri 

Robt Rock, earner ar* 

Robt Strother, hostillar. 

Hobt Todd, granular. 

John Blenkarne 

Rich. Lowson 

Will. Derneton 

Robt Mody, celerar. 

John Thirkill 



Will. Burghe, mag. Galilee 

Rich. Hevington 

Rich. Denamide 

John Lowson, precentor 

John Criffow, succentor 

John Swalwell 

John Wrake, capellan. priorit 

Tho. Cliff 

Tho. Barnes, sub-sacrista 

Rich. Poole 

Robt. Batle 

Rich. Ganlesbie 

Will. Elvett 

Will. Winter 

Robt. Beverley 

Rich. Kendall 

Cuth. Marshall 

Will. Hertilpoole 

Rich. Willy 

Ben. Becke 

Will. Yonge 



|| Rot. C. Fox, N 4G. RICHARD by the g'ce of God bushop of Duresme to 

all and ev'ry our foresters and kepers of our parkis chasis and forcstys within our 
busshopprick of Duresme and to theur deputeis and to ev'ry of them gretying. 
Wheras we for the specyall luff and favo'r that we bere unto oure wil belovyed bro- 
ther the pryor of oure cathedrall chirch of Duresme haf made bym the maister of 
our gam within oure busshopprick of Duresme we woll and charge you and ev'ry of. 
you that the same oure brother haf from henceforth fre lib'tye to hunt and chace in his 
own p'son as ofte' and when BO ev* hit shall pleas hym with you or any of you. And in 



ISO THE CATHEDRAL. 



Bishop Bainbrigg also shewed great attention to the monastery : 
In 1508 he granted his charter of confirmation, with an inspex- 
imus of the grant of bishop Pudsey of Mnggleswickin exchange 
for Hardwick, with the pasture of Horsleyhope, Histerhope, and 
Baldinghope; of the grant of bishop Kirkham of the woods and 
wastes in Horsleyhope, by metes and bounds;* also of the grant 
of bishop Kellow of all the waste and moorlands from the west 
gates of the priory of Finchale, by metes and bounds;-)* and also 
granted licence to the monastery to purchase in mortmain, 
in which instrument is comprised a general indemnity.^ The 
same prelate granted to the prior and convent all the waste lands 
lying between the bridge of Framwelgate and the bridge of El- 
vet, and between the walls of the castle and the cathedral church 
and the water of the Were, rendering 13s. 4d. rent|j. He also 
granted free-warren in the priors parks at Muggleswick, Helay- 
neld, Bear-park, and Raynton-park, and in the woods of Strath- 
owe, Witton, Mayner, Sacristonheugh, Hayning-wood, Herber- 
close, and Ferycliff, Baxtenford -wood, Raley with Rayley-wood 
and the fields and meadows thereto appertaining, Oldingrege 
with the fields and meadows thereof, Alton-field, and Moreby- 
bank. The east gates of the abbey, now called the College 
Gates, having gone to decay, prior Castell rebuilt the same in a 
sumptuous stile, with a porter's lodge thereto; above the gate- 
way he erected a chapel in honour of St Helen, where the laity 
twice aday were admitted to the celebration of mass, for which two 
priestswere assigned by the convent, who had their chamber ad- 
jacent to the chapel. He also restored the great north window 
of the middle transcept of the church, in which he caused to be 
represented, in painted glass, the figures of the four Evangelists, 
together with the holy Virgin and St Cuthbert; under which his 
own figure was depicted, kneeling, with elevated hands, and a la* 
bel bearing this petition, Virgo^ tuum natum fac nobis propitia- 
tum, or, as Davies has it, Virgo mater Dei miserere mei. He 
purchased and gave to the convent two mills, from thenceforth 
-called Jesus' MUls^ and covered thern^ with lead ; for which he 
obtained the pious memorial of being commemorated in Jesus 



lykewyse to ha a deer of the season as ofte* and when so ev' he woll send therfor at 
his pleasor he sendyng you a byll of co'aundemente from hyjn for the same which 
byll we woll shall he unto you a sufficyant warraunt and discharge iu th.it hehalf 
agaynst us and oure officers any restreynte or other oureco'aundemcnt to the con- 
trary heretofore gevyn in eny hehalf notwithstondyng. In witnesse herof to the 
present writyng we haf put oure signet and syne manuell to endure durying oure 
pleaour. Writyn ftt our castell of > 7 ortb'm the first day of Aug. the yere of 
.oure translacyon the fourth, p. i;isum e'pum. Ihid. 

* 15th July, 1260. f 2Oth Nov. 1311. J Rot. B. Bainbrigg, N 66. 

H Rot, B. Bainbrigg, N 61. 28th Sept 15O8, Rot. B. Bainbrigg, No $4. 



THE CATHEDRAL. Ill 



mass.* The tower on Farn island was built by him.f Prior Cas- 
tell departed this life on the 2d of April 1519, and was interred 
in the middle aile of the nave before Jesus' altar, his effigies in 
brass being wrought on his tombstone, with the inscription in 
the notes,J as given by Willis. 

The office continued vacant near five years, during which pe- 
riod, Wharton says, 1| the bishop received the revenues; but 
Stevens contradicts this assertion in these words, " What Mr 
" Wharton says of the bishop's assuming the priory revenues be- 
" fore the election of prior Hugh, is, as I am informed by my 
" honoured friend Mr Thomas Baker, a mistake." We must 
not depend too much on this bare contradiction ; for near the 
close of bishop Ruthall's episcopacy, and on Wolsey's advance- 
ment to the See, we cannot wonder at such a misapplication.^ 
Before we proceed to prior Hugh's life, the records in the notes 
may perhaps be esteemed worthy of notice.** 

R 2 

* This mass and Jesus* altar are mentioned in the description of the church. 
f Lei. Itin. vol. v. p. 95. For an account of this tower see view of North- 
umberland. 

J MORTUUS hoc tumulo Thomas sub marmore duro 
Castellus recubat, pietatis turris ahena, 
In literis doctor divinis, munere prior, 
Moribus excomptis, et miti pectore charus. 
Statura mediocris erat, virtute proeeras ; 
Dapsilis hospitibus, structuris turn probe notus. 
Pauperibus laxo praebebat munera sinu. 
Nulli clausa bono sua janua, mensa, crumena. 
Suppliciter pro se dicas, Credo, Pater, Ave, 
Qui legis haec, quo sit coelesti civis in cede. 

|| Chambre. Wharton's Angl. Sac. p. 782. -Grey'* Notes* Stevens' Mon.&c, 
f Ang. Sac. p. 789. Stevens' p. 352. 

: * Advocationes sive promotiones nuper m&nasierfo Drcnelm assignata. 
Vicaria ecclesia? parochial. S'ti Os- 

waldi Dun. TI 



Rectoria eccl, de Dittinsal al's Din- 

desdale x/. 

Vicaria eccl. de Aikcliff xx/. 

- de Heighington xiij/. vjs. viijrf, 

- de Merrington xiij/. vjs. viijrf. 
1 de Billingham xvj/. 

- de Hesledon \l. 

- de Pittington xij/. 

- de Dalton in Valle x/. 
Rectoria de Edmonbiers x/. 

de Kimblesworth Ixvjjy. viijt/. 



Vicaria de Norham xxf. 

. de Brankston Cs. 

de Edlingham x/. 

. - de Ellingham x/. 

' ' de Bedllngton xiijj. vjs. viijrf. 
Rectoria de Meldon viij/. 

Vicaria de Bywell Peter x/. 

de Fishhale xiij^. vjs. viijrf. 

. de Brantingham xiij/. vjs. viijrf. 

de Northallerton xx/. 

de Bossal xvJ. 
-' . de Frampton xx/. 
de Ruddington \\ijl. vjs. viijrf. 



Vicaria de Berwicke super Twede 

Nominationes Curalorum, Cantaristarwn, et Gapellanorum. 

Salarium curati de Witton- Gilbert in com. Dun. vjj. per annum, 

curati do Muggleswick in &c, \\l> 



132 THE CATHEDRAL. 



HUGH WHITEHEAD 

succeeded to the priory, in the year 1524. He was custos of 
Durham college, Oxford,* and is spoken of by historians in a 
very respectable manner. Chambre tells us,f he was uniformly 
religious, and his whole spirit breathed divine love. He retained 
in his household persons of distinguished character, by whom 
he was most honourably served : kept a liberal table ; made great 
repairs at Beaurepaire ; built a new hall at Pittington, called Ilie 
prior's /iall 9 with various other edifices ; was not only munificent, 
but excellently charitable, and in his private life truly exemplary. 
He held the office eighteen years; and on the 31st day of De- 
cember 154-0, joining with the convent, surrendered the monas- 
tery into the king's hands,{ the revenues whereof were then ra- 

curati de Whitworth in, &c. cs. 

curati de Wallesend in com Northumb. cs. 

curati de Croxdaile in com. Dun. cs. 

curati de S'ta Ilda juxta Sheles iiij/. 

curati beate Mariae in ecclia S'ti Oswaldi Dun. cs. 

Cantar. S'te Marie in capella S'te Margarete Dun. cs. 

S'ti Jacobi super pontem de Elvet Dun. Ixvis. viijd. 

Beate Marie in eccl'ia de North- Pittington iiij'. 

B. Marie in eccl. de Dedinsall iiij/. 

S'ti Joh'is Baptist, in eccl. de Biwell Peter iiijl. 

In capella de Havverton iiij/. xiij.?. iiijrf. 

In capella de Harrington iiijl. xiijs. iiijd. 

B. Marie in eccl'ia de Easington iiij/. 

B. Marie in eccl'ia S'ti Nich'i Dun. iiijl. 

Ath. Oxon. f Whart. Ang. Sac. p. 782. 

J SURRENDER of the MONASTERY. 

OMNIBUS Christi fidelibus ad quos praesens scriptum pervenerit, Nos Hugo 
Whitehedd prior ecclesiae catbedralis sive monasterii Sancti Cuthberti de Durham in 
com. Dunelm. et ejusdem loci conventus salutem in Domino sempiternam : NOVE- 
RITIS, nos prasfatos priorem et conventum unanimi assensu et consensu nostris. ani- 
misque deliberatione, certa scientia, et mero motu nostris, ex quibusdam causis justis 
et rationalibus, nos, animas, et conscientias nostras specialiter moventibus, uhro et 
sponte dedisse et concessisse, ac per praesentes damus, concedimus, reddimus, deli- 
beramus, et confirmamus illustrissimo et invictissimo princpi et domino nostro 
Henrico Octavo, Dei gratia, Angliae et Franciae regi, fidei defensori, dominu Hi- 
berniee, ac in terris siipremo capiti ecclesias Anglicanae, totum dictum monasterium 
nostrum, ac etiam totum scitum, fundum, circuitum, et praecinctum, ac ecclesiam 
ejusdem monasterii/cum oneribus, debitis, catallis, et bonis nostris mobilibus, nobis 
seu dicto monasterio nostro spectantibus sive pertinentibus ; tarn ea qua? in praesenti 
possidemus, quam ea, quae obligatione vel alia quacunque de causa nobis vel dicto 
monasterio nostro quoquo modo debentur : Necnon omnia et singula, maneria, do. 
minia, messuagia, gardina, curtilagia, tofta, tearas, et tenementa nostra, prata, pascu- 
as, pasturas, boscos et subboscos, redditus, reversiones, et servitia, molendina, passa- 
gia, feoda militum, wardas, maritagia, nativos viilauos cum eoruni sequelis, commu. 
nias, libertates, franchesias, privilegia, jurisdictiones, officia, curias letas hundredas, 
visus franci plegii, ferias, mercata, parcos, warrennas, vivaria, aquas, piscarias, vias, 
chiminos, wharfas, VBCUOB, fundos, advocationes, nominationes, praesentationes, et do- 



THE CATHEDRAL. 13$ 



ted at 13661. 10s. 5d. according to Dugdale, but by Speed at 
16151. 14s. lOd. 

nationes ecclesiarum, vicariarum, capellarum, cantariarum, hospitalium et aliorum 
ecclesiasticerum beneficiorumquorumcunque, rectorias, vicarias, canlarias, pensiones, 
portiones, annuitatas^ decimas, oblationes, et alia omnia et singula emolumenta, pro- 
ficua, possessiones, haereditamenta, et jura nostra quaecunque tarn infra dictum comi- 
tat Dunelm. ac in com Ebor. Lincoln. Nortlmmpt. Staff. Lancastr. et Northumbr. 
quam alibi infra regnum Angliae, Walliae, et marchias earundem, eidem mpnasterio 
nostro predicto quoquo modo spectantia, pertinentia, appendentia, sive incumbentia ; 
ac omnia et omnimoda cartas, evidentias, ohligationes, scripta et munimenta nostra 
quaecunque, nobis seu dicto monasterio nostro, terris vel tenementis nostris, aut ce- 
teris praemissis cum suis pertinentiis, seu alicui inde parcel Ise quoquo modo spec- 
tantia sive pertinentia : Habendum, tenendum, ct gaudendum dictum monasterium 
nostrum ac praedictum scitum, fundum, circuitum, et praecinctum ; acecclesiam nos- 
tram praedictam cum omnibus debitis, bonis, et catallis nostris; necnon omnia et 
singula maneria, dominia, messuagia, terras et tenementa, rectorias, pensiones, ac 
cetera prsemissa quascunque, cum omnibus et singulis suiis pertinentiis prajfato in- 
victissimo principi et regi nostro praedicto, haaredibus, successoribus, et assignatis 
suis, ad usum ejusdem domini regie, liaeredum, et successorum suorum imperpetuum 
in bac parte ; Ac ad omnem juris effectum, qui exinde sequi poterit aut potest; nos 
et dictum monasterium nostrum cum omnibus et singulis praemissis, ac jura nobis 
quaiitercunque acquisita, ut decet, subjicimus et submittimus, dantes et concedentes, 
ac per praesentes damns, concedimus, reddimus, deliberamus, et confirmamus eidem 
regiae majestati, haeredibus, successoribus et assignatis suis, omnem et omnimodam 
plenam et liberam facukatem, authoritatem, et potestatem nos dictumque monaste- 
rium nostrum, una cum omnibus et singulis marieriis, terris et tenementis, redditi- 
bus, revet sionibus, et serviciis, ac singulis praemissis, cum omnibus suis juribus et 
pertinentiis quibuscunque disponenda, et pro suo libero [regio voluntatis libito, ad 
quoscunque usus majestati suae placentes alienda, donanda, commutanda, vel trans- 
ferenda, ac hujusmodi dispositiones, alienationes, donationes, commutationes et trans- 
lationes per praedictam regiam majestatem suam quovis modo nendam extunc ratifi- 
camus, promittentes nos insuper rata, grata, ac firma perpetuo habituros omnia et 
singula praemisso per prajsentes. Et ut omnia et singula praemissa suum de bitum 
sortiri valeant effectum, electionibus,f - - - insuper nobis et successoribus nostris, 
necnon omnibus querelis, provocationibus, appellationibus, actionibus, litibus, et in- 
stantiis aliis quibuscunque, juris, remediis, et beneficiis. nobis forsan et succesoori- 
bus nostris in ea parte praetextu dispositionis, alienationis, donationis, commissionis et 
translationis prasdict. etceterorum praemissorum quaiitercunque competend. etcompe- 
titur omnibusque doli, erroris, metas, ignorantiae, vel alterius material sive dispositionis, 
exceptionibus, objectionibus, et allugationibus prorsus semotis ac depositis yalam, 
publice et expresse ex certa scientia nostra, animisque spontaneis renuntiamus et 
cessamus, prout per praesentes renuntiamus et cessamus, et ab eisdcm recedimus in 
biis scriptis. Et nos praefati prior et conventus successoresque nostri dictum monas- 
terium nostrum, ac etiam totum scitum, fundum, circuitum, pra;cinctum, mansionem, 
et ecclesiam nostram prasdictam, ac omnia et singula maneria, dominia, messuagia, 
gardina, curtilagia, tofta, terras, et tenementa nostra, prata, pascuas, pasturas, boscos 
et subboscos, redditus, reversiones, et servitia, ac cetera omnia et singula prtemissa, 
cum omnibus suis juribus et pertinentiis, praefato domino nostro regi, heredibus, suc- 
cessoribus, et assigtwtis suis, ad usum praedictum, contra omnes gentes warrantizabi- 
mus et imperpetuum defendemus per praesentes. In quorum tcstimonium, nos pras- 
fatus prior et conventus, huic prsesenti scripto nostro nomina nostramanibus propriis 
subscripsimus, sigillumque nostrum commune apposuimus. Dat. in domo nostra 
capitulari ultimo die mensis Decembris, anno regni praedicti regis invictissimi prin. 
cipis et domini nostri regis Henrici Octavi tricesimo primo. 
f There seems some omission here. 



13* THE CATHEDRAL. 



On the 12th of May 1541 the king granted his Foundation 
Charter* to this church, instituting therein a dean and twelve 

* The Foundation Charier of the Cathedral Church of Durham by King Henry 
the Eighth, 12th May, 1541. 

HENRICUS Octavus, Tci gratia, Angliae et Francire rex, fidei defensor, domi- 
nus Hiberniae, et in terra supremum caput Anglicanae ecclesiae ; Omnibus ad quos 
praesentes literae pervenerint, salutem. Cum nuper cenobium quoddam sive monas- 
terium quoddam existit ecclesia Beatae Mariae Virginis et Sancti Cuthberti episcopi 
vulgo yocabatur, atque omnia et singula ejus maneria dominia, messuagia, terras, 
tenementa haereditamenta, dotationes et possessiones, certis de causis specialibus et 
urgentibus, per Hugonem ipsius nuper cenobii, sive monasterii priorem, et ejusdem 
loci conventum nobis et haeredibus nostris imperpetuum jamdudum data fuerunt et 
concessa, prout per ipsorum prioris et conventus cartam sigillo suo conventual! sive 
commtmi sigillatam, et in cancellaria nostra irrotulatam manifesto liquet : Quorum 
preetextu nos de ejusdem nuper cenobii sive monasterii scitu, septo, et praecintu, ac 
de omnibus et singulis praedictorum nuper prioris et conventus maneriis, dominiis, 
mcssuagiis, tcrris, tenernentis, harulitamentis, dotationibus et possessionibus ad prae- 
sens pleno jure seisiti sumus in dominico nostro ut de feodo ; nos utique sic de eis- 
dem seisiti existentes, divinaque nos inspirante dementia, nihil magis ex animo affec- 
tantes quam ut vera religio, verusque Dei cultus inibi non modo ut [non] aboleatur, 
sed in integrum potius restituatur, et ad primitivam seu genuinae sinceritatis nor- 
mam reformetur, correctisque enormitatibus in quas monachorum vita et professio- 
longo temporis lapsu deplorabiliter exorbitaverat, operam dedimus, quatenus huma- 
na prospicere potest innrmitas, ut imposterum ibidem sacrorum eloquiorum docu- 
menta et nostrae salutiferae redemptionis sacramenta pure administrentur, bonorum 
morum disciplina observetur juventus in literis liberalibus instituatur, senectus viri- 
bus defecta eorum praesertim qui vel circa personam nostram vel alioquin circa regni 
nostri negotia publica bene et fideliter nobis servierint, rebus ad victum necessariis 
condigne foveantur, ut denique elemosinarum in pauperes Christi largitio, et viarum 
pontiumque reparations, et cetera omnis generis pietatis officia illinc exuberantia, 
in omnia vicina loca longe lateque demanent ad Dei omnipotentis gloriam, et ad 

subditorum nostrorum communem utilitatem felicitatemque. Idcirco nos infra 

praelibatum scitum, septum, circuitum, ambitum, et praecinctum dicti nuper cenobii 
sive monasterii ad gloriam et honorem sanctae et individuae Trinitaiis, Patris, et Filii, 
et Spiritus Sancti, quandam ecclesiam cathedralem de uno decano presbitero et duo- 
decim praebendariis presbiteris, ibidem omnipotenti Deo omnino et imperpetuum 
servituram, creari, erigi, fundari, et stabiliri decrevimus, et eadem ecclesiam cathe- 
dralem de uno decano presbitero et duodecim praebendariis cum aliis ministris ad 
divinum cultum necessariis, tenore presentium realiter et ad plenum creamus, erigi- 
mus, fundamus, stabilimus, et stabiliri, ac iroperpetuum inviolabiliter observari jube- 
rous per praesentes. 

VOLUMUS itaque et per praesentes ordinamus, quod ecclesia cathedralis praedicta ad 
gloriam Christi et honorem Beatae Mariae Virginis matrisejus per nos erecta et fun- 
data, cathedralis ecclesia Christi et Beatae Mariae Virginis, imperpetuum vocetur, 
nuncupetur, et appelletur, ut quod ecclesia cathedralis praedicta sit et imperpetuum 
erit ecclesia cathedralis et sedes episcopalis reverendi in Christo patris Cuthberti 
permissione divina Dunelmensis episcopi, et successorum suorum Dunelm. episco- 
porum ; eandemque ecclesiam cathedralem Christi et Beatae Marias Virginis hono- 
ribus et insigniis sedis episcopalis et cathedralis ecclesiae per prsesentes decoramus, et 
eandem sedem episcopalem infra scitum et praecinctum dicti nuper cenobii seu mo- 
nasterii praefato episcopo et successoribus episcopis Dunelmensibus damus et conce- 
dimus per praesentes : Habendam et gaudendam eidem episcopo et successoribus 
suis imperpetuum. 

ET ut ecclesia cathedralis praedicta de personis congruis in singulis locis et gradibus 
suis perimpleatur, et decoretur, dilectum nobis Hugonem Whithed sacrae theologiae 
professorem primum originalem et modernum decanum prsedict ecclesiae catbedralis r 



THE CATHEDRAL. 135 



prebendaries, and ordaining, that instead of the title of the ca~ 
thcdral church of the blessed Mary the Virgin, a7idSt Cuthbert the 

ac Edwardum Hyndmers sacrae theologiae professorem primum presbiterum praeben- 
darium, ac Rogerum "Watson sacrae theologiae professorem secundum presbiterum 
prsebendarium, ac Thomam Sparke suffraganeum Berwicensem in sacra theologia 
baccalarium tertium presbiterum prsebendarium, ac Willielmum Bennet sacrae the- 
ologiae professorem quartum presbiterum praebendarium, ac Willielmum Todd sacrze 
theologiae professorem quintum presbiterum praebendarium, ac Stephanum Marley in 
sacra theologia baccalarium sextum presbiterum praebendarium, ac Robertum Dalton 
in sacra theologia baccalarium septimum presbiterum praebendarium, ac Johannem 
Towton in sacra theologia baccalarium octavum presbiterum praebendarium, ac Ni- 
cholaum Marley in sacra theologia baccalarium novenum presbiterum praebendarium, ac 
Radulphum Blaxtondecimum presbiterum praebendarium, ac Robertum Bennet unde- 
cimum presbitorum praebendariura, ac Willielmum Watson duodecim presbiterum 
praebendarium praedictae ecclesiae cathedralis, tenore praesentium facimus, perncimus, 
constituimus, et ordinamus per praesentes. 

VOLUMUS etiam et ordinamus, ac eisdem decano et prsebendariis concedimus per 
prsesentes, quod praedicti decanus et duodecim praebendarii de cetero sint de se, et m 
re, et nomine, unum corpus, corporatum, habeantque successionem perpetuam, et se 
gerent, exhibebunt, et occupabunt, juxta et secundum ordinationes, regulas, et statu- 
ta eis per nos in quadam indentura imposterum, faciendas, specincandes, et declaran- 
das ; et quod idem decanus et praebendarii ac succesiores sui decanus et capitulum 
Dunelmensis cathedralis ecclesiae Christi et Beatae Maria; Virginis imperpetuum 

vocabuntur et appellabuntur, ac in praesenti vocentur et appellentur : ET quod 

praefati decanus et prebendarii ecclesiae cathedralis praedictae et successores sui, sint 
et imperpetuum erunt capitulum episcopatus Dunelmensis . Sitque idem capitulum 
praefato Cuthberto nunc Dunelmensi episcopo, et successoribus suis episcopis Dunel. 
mensibus perpetuis futuris temporibus anne'xum, incorporatum, et unitum ; ipsosque 
decuman et praebendarios unum corpus corporatum in re et nomine facimus, crca- 
mus, et stabilimus, ac eos pro uno corpore facimus, declaramus, ordinamus, et ac. 
ceptamus habeantque uccessionem perpetuam. Ex quod ipsi decanus et capitu- 
lum, eorumque successores, per nomen decani et capituli Dunelmensis cathedralis 
ecclesiae Christi et Beatae Mariae Virginis, prosequi, clamare, et placitare possint, et 
implacitari, ae defendere et defendi, respondere et responderi, in quibuscunque curiis, 
locis, legum nostrarum et alibi ubiqunque, in et super omnibus et singulis . 
actionibus, seeds, demandis, brevibus et querelis, realibus, spiritualibus, ecclesiasticis, 
personalibus et mixtis, ac in omnibus aliis rebus, causis, et materiis quibuscunque : 
Et per idem nomen, maneria, dominia, terras, tenementa, possessiones, haereditamena, 
proncua et emolumenta, tam spiritualia sive ecclesiastica, quam temporalia, et alia 
quaecunque per nos, per literas nostras patentes haeredum vel successorum nostrorum, 
seu per aliquam aliam personam vel personas quascunque eis et successoribus suis, 
vel aliter secundum leges nostras vel haeredum seu successorum nostrorum danda 
seu concedenda, capere, recipere, perquirere, dare, alienare, et demittere, ac facere et 
exequi valeant et possint, prout ceterae ecclesiae cathedrales infra icgnum nostrum 
Angliae capere, recipere, perquirere, dare, et demittere, ac facere consueverint, aut 

exequi possint quoquomodo ET quod decanus et capitulum ecclesia; cathedralis 

Dunelmensis Christi et Beatae Marias Virginis praedictae, et successores sui imper- 
petuum habeant et habebunt commune sigillum ad omnimodas causas, evidentias, et 
cetera scripta, vel facta sua facienda eos vel Dunelmensem cathedralem ecclesiam 
Christi et Beatae Marias Virginis praedictae, aliquo modo tangentia sive concernentia 
sigillanda, per quod se et successores suos astringere et obligare possint et valeant ad 
tempus vel imperpetuum, juxta et secundum tenorem ejusdem scripti sic perilla si. 

gillati. Exquia volumus dictam Dunelmensem ecclesiam cathedralem Christi et 

Beatae Mariae Virginis, ad laudem et honorem omnipotentis Dei honorifice dotare ; 
de ampliori gratia nostra dedimus et concessimus, ac pe prsesentes damus et concel 
dimus praefatis decaao et capitulo Dunelmensis cathedralis ecclesiw Christi et Beataj 



136 THE CATHEDRAL. 



bishop, that the same should for ever thereafter bear the deno- 
mination of the cathedral church of Christ and blessed Mary the 
Virgin. He thereby nominated Hugh Whitehead the first dean : 
Edward Hyndmers, D. D. first prebendary ; Roger Watson, 
D. D. the second ; Thomas Sparke, B. D suffragan of Berwick, 

Marias praedictae, totum praedi'ctum scitum, septum, circuitum, ambitum. et prae- 
cinctum supradicti nuper cenobii, seu monasterii, cum omnibus antiquis privilegiis, 
libertatibus, ac liberis consuetudinibus ejusdem nuper cenobii sive monasterii, ac to- 
tam ecclesiam ibidem, una cum omnibus capellis, plumbis, campanis, campanilibus, 
claustris, cimileriis, messuagiis, domibus, aedificiis, tectis, curtilagiis, ortis, gardinis, 
pomariis, stagnis, vivariis, et ceteris omnibus locis, terris, et territoriis infra eandem 
scitum circuitum, ambitum, et precinctum supradicti nuper cenobii, sive monasterii 
existentibus, et qua3 ut pars partis vel parcella ejusdem nuper scitus, sive monasterii 
communiter fuerunt reputata seu existimala, quae nuper fuerunt praedicti nuper 
prioris et conventus in jure nuper monasterii praedicti, simul cum omnibus et omni- 
modis vasis, jocalibus, ornamentis, bonis, catallis, et implementis ejusdem nuper ce- 
nobii sive monaslerii, cum suis pertinentiis universis : Habendum, tenendum, et gau- 
dcndum, praedictum scitum, septum, circuitum, ambitum, et precinctum supradicti 
nuper monasterii, una cum omnibus antiquis privilegiis, Jibertatibus, ac liberis con- 
suetudinibus supradictis, ac cum prsedicta ecclesia, capellis, campanis, campanilibus, 
claustris, cimiteriis, messuagiis, domibus, aedificiis, curtilagiis, ortis, gardinis, poma- 
riis, stagnis, vivariis, terris, et territoriis, infra dictum scitum, septum, circuitum, 
ambitum, et precinctum praedicti nuper cenobii sive monasterii, simul cum praedictis 
vasis, jocalibus, ornamentis, bonis, catallis, et implementis ejusdem nuper cenobii sive 
monasterii, ac cum ceteris omnibus et singulis praemissis superius expressis et speci- 
ficatis, cum suis pertinentiis praefatis decano et capitulo Dunelmensis cathedralis ec- 
clesiae Christi et Beatae Mariae Virginia praedictae et successoribus suis imperpetuum 
de nobis haeredibus et successoribus nostiis in puram et perpetuum elemosinam. 

VOLUMUS etiam, et per praesentes concedimus prefatis decano et capitulo dicta; 
Dunelm. cathedr. ecclesiae Christi et Beatae Mariae Virginis et successoribus suis, 
quod decamis ecclesiae cathedralis illius pro tempore existens, omnes et singulosejus-. 
dem ecclesia cathedralis inferiores officiarios et ministros, et alias praedictae Duneim. 
cathedr. ecclesiae Christi et Beatae Mariae Virginis qua&cunque personas prout casus 
seu causa exiget, faciet, constituet, admittet, et acceptabit de tempore in tempus im- 
perpetuum. ac eos et eorum quemlibet sic admissos vel admissum, ob causam legiti- 
mam non solum corrigere, sed etiam deponere, et ab eadem ecclesia cathedrali amo- 
vere et expellere possit et valeat, salvis nobis haeredibus et successoribus nostris, titulo, 
jure et auctoritate decanos, prebendarios. et omnes pauperes, ex liberalitate nostra 
ibidem viventes de tempore in tempus nominandi, assignandi, et perficiendi, quali- 
tercunque et quotiescunque ecclesia cathedralis prasdicta de decano praebendariis vel 
paupenbus praedictis, vel eorum aliquo per mortem, vel aliter vacare contigerit, aliquo 
in praesentibus suprascriptis in contrarium inde non obstantibus. 

VOLUMUS insuper, et per praesentes concedimus prefatis decano et capitulo Dunelm. 
cathedr. ecclesia Christi et Beatae Mariae Virginis praedictae, quod ipsi pro se et suc- 
cessoribus suis habeant et habebunt has literas nostras patentes sub magno sigillo 
nostro Angliae debito modo factas et sigillatas, absque aliquo fine seu feodo magno 
vel parvo. nobis in Hanapario nostro seu alibi ad usum nostrum proinde quovis modo 
reddendo, solvendo, vel faciendo : Eo quod expressa mentio de vero valore annuo, 
aut de certitudine prsemissorum, aut de aliis donis sive concessionibus per nos vel per 
aliquem progsnitorum nostrorum praefatis decano et capitulo et successoribus suis 
ante haec tempora in praesentibus minime facta existit, aut aliquo statute, actu, ordi- 
natione, provisione, sive restrictione, inde in contrarium fact. edit, ordinat. sive pro- 
visis, aut aliqua alia re, causa vel materia quacunque in aliquo non obstante. IK 
cujus rei testimonium, has literas nostras fieri fecimus patentes. Teste meipso apud 
Westmonasterium duodecimo die Maii, anno regni nostri tricesimo tertio. 



THE CATHEDRAL. 137 



the third ; William Bennet, D. D. the fourth ; William Todd, 
D. D. the fifth; Stephen Marley, B. D. the sixth; Robert 
Dal ton, B. D. the seventh : John Towton, B. D. the eighth ; 
Nicolas Marley, B. D the ninth: Ralph Blaxton the tenth; Rob- 
ert Bennet, the eleventh ; and Wm Watson the twelfth. He 
made them and their successors a body corporate, by the name 
of The dean and chapter of the cathedral church of Christ and 
blessed Mary the Virgin / empowering them, under that deno- 
mination, to do all legal acts, and plead and be impleaded. He 
granted them all thescite of the monastery, and the ancient rights, 
liberties, and privileges thereof. The Endowment* made by 

VOL. II.. S 

*" The Endowment of the Cathedral Church of Durham by King Henry the 

Eighth, 16th May, 1541. 

HENRICUS Octavus, Dei gratia, Angliae et Franciae rex, fidei defensor, domi- 
nus Hibernian, etin terra supremum caput Anglicanae ecclesiae. Omnibus ad quos 
praesentes literae pervenerint, salutem. Sciatis quod de gratia nostra speciali, ac ex 
certa scientia et mero raotu nostris, dedimus et concessimus, ac per praesentes damus 
et concedimus, decano et capitulo Dunelm cathedr. ecclesias Christi et beats Marias 
Virginis, totum illud manerium nostrum de Beaupere, in comitatu nostro Dunelm. 
cum suis juribus, membris, et pertinentiis universis, ac totum illud parcum nostrum 
vocatuin Beaupere Parkc in Beaupere praedicta ; ac omnia ilia maneria nostra de 
Witton- Gilbert, Elvett alias Elvett-hall, Sagerstanheigh, Wardley, Hedworthe, 
Pytington, Hasylden, Holme, Beulye, Wolston, Bellacies, Billingham, Ketton, 
Akley, Hett, Muggleswick, Houghwall, et Shinkeley, in dicto comitatu nostro 
Dunelm. cum eorum juribus, membris, et pertinentiis universis, quae quidem mane- 
ria et cetera premissa cum suis pertinentiis universis nuper monasterio Sancti Cuth- 
berti Dunolm. infra civitatem nostrum ! -unolm. modo dissoluto dudum spectabant 

et pertinebant, aut parcella possessionmn ejusdem nuper monasterii extiterunt 

DAMUS etiam, ac per praesentes concedimus, praefatis decano et capitulo, totum illud 
scitum, septum, ambitum, circuitum, et precinctum, nuper manerii ac cellae de 
Fynkeloo, necnon ecclesiam, campanile, et cimiterium ejusdem cellae, cum omnibus 
domibus, aedifictis, orto et solo, tarn infra quam extra, ac juxta scitum, ambitum, et 
precinctum ejusdem nuper cellae. Ac totum illud clausum pasturae vocatum God- 
rich e close continens per aostimationem sexdecim acras ; ac totum illud clausum 
pasturae Querci continens per aestimationem duodecim acras terrae ; ac totum illud 
clausum vocatum Lambe-close continens per aastimationem quatuor; ac lotum illud 
clausum vocatum Hughden continens per aestimationem duodecim acras; ac totum 
illud clausam pasturae vocatum Towermer, continens per aestimationem decem acras : 
ac totum illud clausum terrae vocatum Coneygarth et Netherconeygarthe, continens 
per aestimationem octo acras ; ac totum illud clausum terrae arabilis vocatum West- 
close, continens per aestimationem quatuor acras ; ac totum illud clausum vocatum 
Middle-close, continens per aestimationem octo acras ; ac totum illud clausum pasturae 
vocatum Horse-close, continens per aestimationem tres acras j ac totum illud clausum 
vocatum Oxe-close; ac alterum clausum vocatum Cowe-close ; ac totum illud clau- 
sum vocatum Pompe-close ; ac totum illud molendinum aquaticum bladarum jacens 
juxta. et prope portam manerii et cellae prodictae ; ac totam illam piscariam, et pisca- 
tionem salmonum, ac liberam piscationem in aqua de Wyer juxta scitum manerii 
ac cellae praedictae jacentem et existentem, in dicto com. nostro Dunolm. quae dicto 
nuper monasterio dudum spectabant et pertinebant, aut parcellae possessionum ejus- 
dem nuper monasterii extiterunt. 

DAMUS etiam, ac per praesentes concedimus praefatis decano et capitulo, totum illud 
scitum, septem, circuitum, ambitum, et precinctum nuper cellae de insulo sacra, ac 
totara ecclesiam, campanile et cimiterium ejusdem nuper cellae, cum omnibus domi- 



138 THE CATHEDRAL. 



the king bears date the 16th of May 1541 ; These two instru- 
ments, being of much consequence, are inserted at length in the 
notes. 

bus, sedificiis, columbariis, orto et solo, tarn infra quam extra, ac juxta scitum, ambi- 
tutn et precinctum ejusdem nuper cellse, ac quindecim cotagia ibidem, duo ortula, 
unum vocatum Baggtts, alterum vocatum Coldingham-walls, ac tresdecim parva or- 
tula ibidem jacentia, et existentia, in parochia de Insula Sacra in comitatu nostro 
Notbumbr. Nee non totam illam insulam nostram de Fame infra mare ibidem, ac 
omnia terras, et tenementa nostra infra eandem insulam, cum omnibus aedificiis, 
infra eandem insulam, cum uno tenemento ibidem vocato Monke-house, jacenle et 
existente in dicto com. nostro Northum. qua? dicto nuper monasterio dudum specta- 
bant et pertinebant, aut parcellae possessionum ejusdem nuper monasterii extiterunt. 

DAMITS et per praesentes concedimus prefatis decano et capitulo, omnia et singula 
messuagia, terras, lenementa, prata, pascuas, pasturas, boscos, subboscos, redditus, 
reversiones, servitia, redditus oneris redditus siccos, ac redditus super quibuacunque 
dimissionibus, seu concessionibus reservatos, annuitates, annuales redditus, firmas 
feodi, firmas redditus, et firmas tenentium et firmariorum nostrorum, molendina, 
aquas, piscarias, moras, mariscos, stagna, vivaria, feoda militum, wardas. maritagia, 
escaetas, relevia, herietta, natives villanos cum eorum sequelis, ferias, marcatus, nun- 
dinas, tolneta, passagia, warrenas communias, jampna, vasta, brueras, mineras car- 
bonum pensiones, portiones, decirnas, oblationes, curias letas, visum franci-plegii, 
ac omnia que ad visum francii-plegii pertinent seu imposterum spectare possint aut 
debent, assisam et assaiam panis, vini et cervisae, catalla, waviata, extrahuras, ac 
caetera omnia et singula hereditamenta, commoditates. et proficua nostra quaecunque 
cum omnibus et singulis suis pertinentiis, jacentibus sive existentibus in villis, cam- 
pis, parochiis seu hamletis, de Beaupere, Witton- Gilbert, Elvett alias diet. Elvett- 
hall, Saggerstaneheigh, Hedworth. Wardeley, Pytington, Hasylden, Holme, Bewlye, 
Wolston, Bellacies, Billingham, Ketton, Akley, Hett, Muggleswick, Houghwall, et 
Shinkley in dicto com. nostro Dunelm. seu alibi ubicunque in eodem com. ac alibi 
ubicumque infra regnum nostrum Angliae, dictis maneriis seu eorem alicui quoquo 
modo spectantia vel pertinentia, aut ut membra vel parcellae eorundem mancriorum, 
seu eorum alicujus antebac habita, cognita, seu reputata existentia, aut cum eisdem 
maneriis, seu eorum aliquo, vel eorum aliquorum parcellis. locata, occupata, vel di- 
missa existentia ; ac etiarn omnia et singula maneria, dominia nostra, feodo militum, 
redditus, reversiones et servitia, wardas, maiitagia, relevia, escaetas, jura, possessiones 
ac omnia et singula, et cetera bEereditamenta nosira quaecunque, in villis, campis, 
hameletis, et parochiis de Fellrig et Fallansby in parocbia de Jarrow, et Hauthorne 
in parocbia de Kello, Sylkisworth in parochia de Wermoth episcopi, Blaxton in pa- 
rochia de Norton, Barneton in parochia de Gaynsford, Skrymingbam in parochia de 
Haughton, Wynston, Somerhouses, Steyndropshire in parochia de Steyndrop, Wood- 
home et Cotone in parochia de Aykley, et Broomehall in parochia Sancti Oswald!, in 
dicto com. nostro Dunolm. 

DAM us etiam, et per presentes conceclimus prsefatis decano et capitulo, omnia ilia 
maneria, messuagia, terras, tenementa, redditus, reversiones, servitia, prata, pascuas, pas- 
turas, boscos, subboscos, communias, aquas, piscarias, mariscos, firmas feodi, firmas, 
redditus, super quibuscunque dimissicnibus seu concessionibus reservatis, feoda mi- 
litum, escaetas, relevia, curias letas, visum franci plegii, ac omnia quae ad visum 
franci-plegii pevinent, catalla, waviata, extrahura:, libertates, minera carbonum, pen- 
siones, portiones et decimas quascunque, ac cetera haereditamenta, commoditales et 
proficua nostra quaecunque, situata, jacentia, sive existentia in villis, campis, parochiis, 
seu hamletis, de Beaupere, Witton- Gilbert, Elvett, RiDie, Sagerstanheigh, Gatty- 
syde, Over-heworth, Tyne, Hubburb alias Hebborne, Wardley, Monkeby, Nether- 
beworth, Hedworths, Symondsyde, Harton, Weston, Southe-Sheles, Jarro, South- 
wick, Weremouth monachorum, Fulwell, Sunderland, Dalton in Vale, Moreton, 
Dalton, Thorp juxta Hesington, Easte-Raynton, West-Raynton, Houghton, Mores- 
ley, Morehouse, North- Pytington, South- Pytington, Pytington, Eden, Hasylden 



THE CATHEDRAL. 139 



The establishment, besides the dean and prebendaries, consist- 
ed of twelve minor cannons, a deacon, sub-deacon, sixteen sing- 

S 2 

monachorum, Holam, Hasylden, Brometoft, Billingbatn, Hertilpole, Hart, Holme, 
Cowpon, Newton, Beuley, Bellacyos, Wolston, Benton magna, Sadberie, Cleteham, 
Stayndrope, Morton, Tynmoth, Heighington, Newton, Ketton, Aklye, Ketton, New* 
house, Cotte super moram, Nunstaynton, Bradberie, Sedgfeld, Chilton magna, Est- 
Merrington, Maynsforth, Fery super montem, Marington, Mid-JVlarington, West- 
Merington, Hett, Merington, Spenemore, Hunwick, Hasylwell in Hillhouse, Awk- 
land, Landewe, Helton, Wolsingham, Shipleigh, Wakerfeld, Burnenoppe, Rocoppe, 
Edmundbyers, Muggleswick, Grenecrofte, Cornesaw-raw, South- Lynthes, Lanches- 
ter, Londhouse, Rowligillet, Underside, Iveston, Bubslade, Keyo, Peeih, Fulfurthe, 
Brome, Aldingrange, Houghall, Shinckley, Crokesdale, Hunter-banks, ac in paro- 
chia Sancti Oswaldi in dicto com. nostro Dunolm. ac in Shoreswoode in parochia 
de Norham, Herbottell in parochia de Halystane, Walesend in parochia de 
Jarro, ac in Pilgram-streete, et in parochia Omnium sanctorum infra villam Novi 
Castri super Tynam, et in Prudehoo in parochia de Ovinghame in com. nostro 
Northumbr. Qua? quidem maneria, ac cetera premissa, dicto nuper monasterio 
Sancti Cuthberd Dunolm. dudum spectabant et pertinebant, aut parcellas possessi- 
onum ejusdem nuper monasterii extiterunt; ac omnia ilia messuagia, burgagia, do- 
mos, aedificia, shoppas, celaria, solaria, terras, tenementa, redditus, reversiones, servi- 
tia, molendina, tofta, cotagia, gardina, pensiones, portiones, decimas, ac cetera heredi- 
tamenta nostia quascunque scituata, jacentia, seu existentia in parochia Sancti Nicho- 
lai, Sancti Egidii, Sancti Oswaldi, Sanctae Maria; Magdalenae, et Sancta? Margaretae, 
ac in parochia de North-baylye, et South- Bayly e infra dictam civitatem nostram 
Dunolm. aut in suburbiis ejasdem civitatis, seu alibi ubicunque in eadem civitate, 
vel in suburbiis ejusdem civitatis. quae dicto nuper monasterio Sancti Cuthberti du- 
dum spectabant, et pertinebant, aut parcellas possessionum ejusdem nuper monasterii 
extiterunt. 

DAMUS et per preesentes concedimus, praefalis decano et capitulo omnes illas rec- 
torias, et ecclesias nostras Sancti Oswaldi, ac de Pytington, Hasylden, Dalton in 
valle, Billingham, Akley, Heighington et Merrington in dicto com. nostro Dunolm 
Ac etiam omnes decimas granorum et feeni infra et de villatis de Shinkley, 
Aldurham, Howghall, Brome, Aldingrange, Bornehall, Bellacyes, Crokehall, 
Northwastes, Newton, Haghouse, Herberhouse, Bysshopmeadow, Elvett grange, 
Aldurham et Durham; ac omnes minutas decimas cum decimis ortulorum et alte- 
ragiis infra villatas prasdictas, et in fra dictam parochiam Sancti Oswaldi ; ac omnes 
decimas granorum in villatis de North- Pit! ngton, South- Pytington, Shadforth, 
Hepton super montem, Haswell-grange, South- Shurburn, Northe- Shurburn etLud- 
worth infra parochiam de Pytington prajdictam ; ac decimas granorum in villatis 
de Hasylden, Hardwick, Shoreghton, Eden, Huton, et Holome infra parochiam 
de Hasylden praedictam ; ac decimas garbarum in villatis de Acley, Brafferton, 
Preston, Rickwell, magna et parva, Ketton, Nun-Staynton et Trimdon infra paro- 
chiam de Acley praedictam ; necnon decimas granorum et foeni de Billingham, 
Newton, Cowpon et Wolston, et Beuly infra parochiam de Billingham praedictam ; 
ac etiam decimas granorum in villatis de Heighington, Walworthe, Newbigging, 
Middrig-grange, Killerbye, Redworth, Scole-acley, Thickley infra parochiam de 
Heighington praedictam ; necnon decimas granorum in villatis de East- Merrington, 
Chilton parvn, et Chilton magna, Ferye super montem, et Hett infra parochiam de 
East-Merrington praedictam; ac decimas garbarum de villatis de Wallesend, Wil- 
lington, Wardley, Nether -heiworth, Felling, Monkton, Harton, Westow, Sheldheugh, 
parcellas rectoriae de Jarro ; ac decimas garbarum in vill. de Southwick, parcellas 
rectoriae de Wermouth monachorum : Necnon illam annuam pensionem sex solidorum 
et octo denariorum annuatim exeuntem de rectoria sive ecclesia de Dynssal ; ac to- 
tam illam peusiuncm, sive aunualem redditum quadraginta solidorum exeuntem et 



140 THE CATHEDRAL. 



ing-men, a master of the choristers, ten choristers, a divinity 
reader, eight almsmen, two masters of the grammar-school, 

annuatim percipiendam de vicaria de Midleham ; ac totam pensionem sive annualem 
redditum viginti solidorum exeuntem de collegio de Stayndropp pro ecclesia de 
Stayndropp ; ac totam illam pensionem sive annualem redditum quinquaginta trium 
solidorum et quatuor denariorum exeuntem et annuatim percipiendam de vicaria de 
Heighington ; ac totam illam pensionem sive annualem redditum decem solidorum 
exeuntem et annuatim percipiendam de capella de Whitworth ; ac totam illam pen- 
sionem sive annualem redditum trium solidorum et quatuor denariorum exeuntem 
et annuatim percipiendam de magistro hospitalis Sancti Edmundi in Gayttside in 
dicto comnostro Dunolm. quae dicto nuper monabterio Sancti Cuthberti Dunolm. 
dudum spectabant et pertinebant, aut parcellse possessionum ejusdem nuper rnonas- 
terii extiterunt. 

DAMUS etiam, ac per praesentes concedimus, praefatis decano et capitulo totam 
illam rectoriam sive ecclesiam nostram de Berwick super Tweede, cum decimis pis- 
cium salmonum captorum in aqua de Tweede ibidem, acomnesillasrectorias nostras 
de Norham, Ellingham, Edlingham, Bedlington, et Bywell- Peter in dicto com nostro 
Northumbr. ac decimas granorum et foeni in villatis de Orde. Spittell, Twedmouth, 
Morton, Ettmondhill, Heton juxta Twysell, Shoreswood, Hornecliff, Thornton, 
Duddo, Berington, Corwell, Tylmouth, Twysell. Newbigginge, Norham, Felkington, 
Trimdon, Grindon rigge, Tindall-house, Longrig, Unthank et Castltfeldes ; ac de- 
cimas agnellorum, lanae, lini, canapii, ac decimas piscariae cum decimis libri quadra- 
gesimal, ibidem infra parochiam de Norham praedictam, ac etiam decimas garbarum 
in villa de Ellingham, Preston, Doxforth, Northe- Charleton, et Southe-Charleton 
infra parochiam de Ellingham predict, ac decimas granorum in villa de Edlyngham, 
L<amethon, Bolton, Aberwick ; cum decimis minutis in Bolton praedict. infiadictam 
parochiam de Edlyngham praedictam ac decimas granorum et foeni in villatis de An- 
crofte, Allerden, Bowlsden, Gatherwick, Barmore, Lowick, et Kylay, parcellas rec- 
toriae de Insula sacra, quae dicto nuper monasterio Sancti Cuthberti Dunolm. dudum 
spectabant et pertinebant, aut parcel l:e possessionem ejusdem nuper monasterii ex- 
titerunt. 

DAMUS et per praesentes concedimus prsefatis decano et capitulo, totum illud 
scitum, circuitum, ambitum, et praecinctum ruinosum nuper collegii vocat. Duresme 
colledge infra villam Oxon. in comitatu nostro Oxon. ac totam illam ecclesiam sive 
capellam, campanile, et cimiterium ejusdem nuper collegii, una cum omnibus domi- 
bus, aedificiis, pomariis, gardinis, ortis et solo, tarn infra quam extra, juxta ac propre 
scitum, ambitum, et praecinctum ejusdem nuper collegii ; ac totum illud tenementum 
in Hanbarow in dicto comitatu nostro Oxon. ac totam illam rectoriam et ecclesiam 
nostram de Frampton in comitatu nostro Lincoln, ac totam illam rectoriam et eccle- 
siam nostram de Ruddington in comitatu nestro Nottingham ; ac omnes illas recto- 
rias et ecclesias nostras de Fishelack, Bossall, Brantingham in comitatu nostro Ebor. 
ac quandam annuitatem sive annualem redditum quatuor librarum exeuntem et an- 
nuatim percipiendam, de rectoria sive ecclesia nostra de Northallerton in dicto 
comitatu nostro Ebor. ad festum Annuntiationis Beats? Mariae Virginis et Sancti 
Michaelis Archangel! annuatim solvendam ; ac totam illam pensionem, site annua- 
lem redditum sexdecim librarum, exeuntem et annuatim percipiendam de vicario de 
Northallerton praedict. pro tempore existente : Quoe quidem rectori:r, annuitates, 
ac pensiones praedictoe, dicto nuper collegio, ac praedicto nuper monasterio Sancti 
Cuthberti Dunolm. pra-dict. dudum spectabant, et pertinebant, aut parcellae posses- 
sionum ejusdem nuper collegii et dicti nuper monasterii extiterunt. 

DAMUS etiam, et per prrcsentes concedimus, prafatis decano et capitulo, omnia et 
singula maneria, dominia, messuagia, a'dificia, terras, tenementa, redditu.s, reversiones, 
servitia, glebas, grangias, prata, pascuas, pasturas, boscos, subboscos, feoda militum, 
escaetas, relevia, wardas, maritagia, herietta, communias, vasta, jampna, brueras, de- 
cimas, oblationes, obventiones, pensiones, portiones, ac cetera omnia et singula profi- 
cua, poases&iones et hereditamenta nostra quaecunque, scituata, jacentia, et existentia 



THE CATHEDRAL. 141 

eighteen scholars, two vergers, two porters, two sexons, two'bar- 
bers. Willis says, " The king converting the priory into a 

in villis, parochiis, campis, seu hamletis Sancti Oswaldi, ac de et Pittington, Hasil- 
den, Dalton in valle, Bellingham, Acley, Heighington, Merington alias East-Me- 
rington, Shincley, Aldurham, Houghall, Brome, Aldingrange, Borne-hall, Bellacies, 
Croke-hall, Northwaysles, Newton, Haghouse, Herber-honse, Bushopp-meadow, 
Elvett-grange, Aldurnam, Durham, North- Pittington, South-Pittington, Shaldforth, 
Hepton super montem, Haswell-grange, South- Shurburne, North- Shurburne, Lud- 
worth, Hardwick, Sheroton, Eden, Hutton, Holam, Coldhaiselden, Dalton, Dalden, 
Brafferton, Preston, Reckwell magna et parva, Ketton, Nun-Staynton, Grindon, 
Newby, Cowpon, Wolston, Beauley, Wai worth, Newbigging, Middrigg-grange, 
Killerbie, Redworth, Schole- Acley, Thickle, East- Merington, Chilton parva, Chilton 
magna, Ferry super montem, Hett, Wallesend. Willington, Wardley, Nether-hei- 
worth, Felling, Monkton, Harby, Westow, Sheldheugh et Southwick, praedictis in 
dicto comitatu nostro Punolm. ac in Berwick super Twede, Norham, Ellingham, 
Edlyingham, Bedlington, By well- Peter, Ord, Spittile, Twedemouth, Morton, Ed- 
mundhills, Heton juxta Twysell, Shoreswood, Hornecliff, Thornton, Duddo, Be- 
rington, Corwell, Tyirrouth, Twysell, Newbigginge, Felkington, Grindon, Grindon- 
rigg, Tindall-house, Langrig, Unthank, Castlefeldes, Preston, Doxforth, North- 
Charleton, South Charleton, Lamethon, Bolton, Aberwick, Ancroft, Allerden, 
Boulsden, Gatherwick, Barmore, Lowick, et Kylaw praedictis in comitatu nostro 
Northumbr. necnon in Frampton predict, in dicto comitatu nostro Lyncoln, ac in 
Ruddington predict, in dicto comitatu nostro Nottingham ; ac etiam de et in Fishe- 
lak, Bossall et Brantingham pvacdict. in dicto comitatu nostro Eber. sive alibi ubi- 
cunque infra regnum nostrum Angliae, dictis rectoriis, grangiis, et ecclesiis, seu 
earum alicui quoquo modo spectantia, vel pertinentia, aut ut pars vel parcella earun- 
dem rectorium, grangiarum, et ecclesiarum, sive earum alicujus antehac cognita seu 
reputata existentia. 

Damus etiam, ac per prsesentes concedimus prsefatis decano et capitulo omncs et 
omnimodas advocationes, donationes, ncminationes, collationes, praesentationes, libe- 
ras dispositiones, et jura patronatus, omnium et singularum vicariarurn ecclesiarum 
de Dedinsall, Acliff, Heighington, Merington, Billingham, Pittington, Ilasilden, 
Dalton in valle, Edmundbyers, et Kymblesworth, in dicto comitatu nostro Dunolm. 
ac vicaria? ecclesiae parochialis Sancti Oswaldi infra civitatem Dunolm. in eodem 
comitatu ; ae etiam de Berwick super Twede, Norham, Branxton, Ellingham, Ed- 
lyngham, Bedlington, Meldon, et Bywell-Peter, in dicto comitatu nostro Northum- 
brife ; necnon de Fishelake, Brantingham, Northallerton et Bossall praedictis in dic- 
to comitatu nostro Ebor. ac de Frampton prsedict. in dicto comitatu nostro Lyncoln. 
ac de Ruddington praedict in comitatu nostro Nottingham ; ac advocationea, nomi- 
nationes, dunationes, et liberas dispositiones, omnium et singulorum curatorum, 
cantaristarum et capellanorum in ecclesiis de Witton- Gilbert, Mugleswick, Whit- 
worth, Croxdaill,et Sanctae Hildas juxta Shelles in dicto commitatu nostro Dunolm. 
in ecclesia? de Wallesenol in dicto comitatu nostro Northumbriae ; ac etiam advoca- 
tiones, nominationes, donationes, presentationes, et liberas dispositiones omnium ilia- 
rum cantariarum, et cantaristrarum in cantariis Beatae Marias in ecclesia Sancti 
Oswaldi in dicta civitate nostra Dunolm. Sanctae Mariae in capella Sanctae Marga- 
reta? in eadem civitate, Sancti Jacobi de Elvett in eadem civitate, Beatae Maria? in 
ecclesia? Sancti Nicholai in eadem civitate, ac in cantariis Beatae Mariae in ecclesia 
de Northe- Pittington in dick) comitatu nostro Dunolm. Beatae Mariae in ecclesia de 
Dedinsall in eodem comitatu, in capella de Haverton in eodem comitatu, in capella 
de Heringten in eodem comitatu, ac Beatae Maria? in ecclesia de Hesington in 
eodem comitatu, necnon Sancti Johannis Baptistae in ecclesia de By well- Peter 
Norlhumbriae ; ac advocationes, nominationes, donationes, et jura patronatus cujus- 
libet vicariarum, curarum, sive cantariarum praedictarum ; ac etiam omnes et omni- 
modas advocationes, nominationes, donationes, praesentationes, liberas dispositiones 
et jura patronatus omnium et singularum vicararium ecclesiarum, cantariarum, cu- 



142 THE CATHEDRAL. 



" college of seculars, assigned his new dean and prebends their 
" respective apartments out of the old monastery, within the 

rarum, sive capellarum dictis maneriis, sive eorum alicui quoquo modo spectantium 
Tel pertinentium, aut in dicta civitate Dunolm. vel in suburbiis ejusdem civitatis ex- 
istentium, qua? dicto nuper monasterio Sancti Cuthberti Dunolm. dudum spectabant 
et pertinebant, aut parcella? possessionum ejusdem nuper monasterii existentiis, adeo 
plene et integre, ac in tain amplis modo et forma, prout ultimus prior et nuper con- 
ventus dicti nuper monasterii Sancti Cuthberti Dunolm. vel eorum aliquis, aut aliquis 
vel aliqui praedecessorum suorum, in jure nuper monasterii illius, alio tempore ante dis- 
solutionem ejusdem nuper monasterii, vel ante quam nuper monasterium illud ad 
manus nostras devenit, sou devenire debuit, praedicta maneria, terras, tenementa, ac 
cetera praemissa, vel aliquas inde parcellas habuerunt, tenuerunt, vel gavisi fuerunt, 
habuit, tenuit, vel gavisus fuit, seu habere, tenere, vel gaudere debuerunt aut debuit, 
et adeo plene et integre, ac in tain amplis modo et forma, prout ea omnia et singula 
ad manus nostras ratione vel praetextu dissolutionis dicti nuper monasterii, aut ra- 
tione vel prsctextu alicujus cartse donationis, concessionis, vel confirmationis per dic- 
tum nuper priorem, et nuper conventum dicti nuper monasterii sub sigillo suo 
conventuali nobis inde confectae, vel aliter quocunque modo devenerunt, seu deve- 
nire debuerunt, ac in manibus nostris jam existunt, seu existere debent, vel deberent; 
habenda, tenenda, et gaudenda, omnia et singula prsedicta maneria, messuagia, gardi- 
na, terras, tenementa, redditus, reversiones, servicia, curias, letas, libertates, rectorias, 
cantarias, capellas, advocationes ecclesiarum, jura patronatus, decimas, pensiones, 
portiones, ac cetera omnia et singula prscmissa superius expressa et specificatu, cum 
omnibus et singulis suis juribus, membris, et pertinentiis universiis, praefatis decano 
ct capitulo Dunolm. cathedralis ecclesiae Christi et Beatae Maria? Virginia, et eorum 
successoribus imperpetuum, tenenda de nobis haredibus et successoribus nostris in 
puram et perpetuam elemosinam. 

Ac etiam redditus nobis, haeredibus, et successoribus nostris ad curiam nostram 
augmentationum, reventionum coronas nostrae annuatim, extunc imperpetuum du- 
centas octodecim libras legalis monetae Angliae ad festum Sancti Michaelis Archan- 
geli, in plenam recompensationem et satisfaction em servitiorum, et singularum pecu- 
niarum summarum, et cujuslibet pecunise summae annualis redditus, sive decimae 
partis nobis, haeredibus, et successoribus ratione praemissorum, per decanum et capi- 
tulum prasdict, et successores suos, seu eorum aliquem sive aliquos, vel per aliquem 
sive aliquos successorum suorum, aut per aliquam personam, seu aliquas personas 
quascunque, quae ad decanatum ecclesiae cathedralis praedict. seu ad aliquam praeben- 
dam in eadem ecclesia, sive ad aliquod beneficium, officium, dignitatem, vel aliquam 
promotionem quamcunque in ecclesia cathedrali praedicta, nunc nominat, seu 
appunctuat, vel imposterum nominand. vel appunctuand. virtute seu ratione vel vigore 
cujusdem actus parliament! in anno regni nostri vicesimo sexto editi pro primis 
fructibus, reversionibus et proficuis, aut nomine primorum fructuum, reversionem et 
proficuorum, maneriorum, terrarum, tenementorum, et ceterorum praemissorum unius 
anni, vel pro uno anno, vel pro primis fructibus, reversionibus et proficuis decanatus, 
pra?benda?, vel alterius beneficii, officii, dignitatis, vel alius promotionis dicta? ecclesiae 
cathedralis praedictae, vel annui valoris alicujus annualis redditus, pensionis, sive an- 
nuitatis, aut alterius pecuniae summae cujuscunque, de vel pro praedictis maneriis, 
terris. tenements, rectoriis, ac ceteris praemi&sis, sive de aliqua inde parcella exeunt, 
nobis, haeredibus et successoribus nostris faciend. solvend. vel reddend. aut parcell. 
proficuorum pra?dictorum, maneriorum, et ceterorum praemissorum, seu alicujus inde 
parcella? existentis, ac assignat. vel limitat. aut assignand. seu limitand. dietis decano 
et prfebendariis, vel eorum alicui aut alicui alii persona?, seu aliquibus aliis personis, 
et eorum successoribus, aut successorum eorum alicujus ad aliquod beneficium, offi- 
cium, vel dignitatem, in dicta ecclesia nunc promot. aut assignat. seu imposterum 
promovend. seu assignand. pro annual! redditu, seu pensione, vel nomine annualis 
redditus, siva? decimae partis perpetuae, seu pensionis existen. ad decimam partem 
annui valoris maneriorum, terrarum, tenenaentorum, ct ceterorum praemissorum, aut 



THE CATHEDRAL. 



" precincts of which the bishop, dean and prebendaries, and 
" other members, have very good houses, the best of any cathe- 

decanatus ecclesiae cathedralis prsedict. aut praebendarum, beneficioru ra, officiorum, et 
dignitatum praedict. aut aliorum beneficiorura quorumcunque in eadem ecclesia, aut 
ahcujus praebendae, beneficii, officii, dignitatis. vel promotionis in dicta ecclesia, vel 
eorum alicujus, vel ad annualem redditura pensionem, sive ad decimam partem annui 
valoris de praedictis maneriis, terris, tenements, rectoriis, ac ceteris prsemissis, sive de 
aliqua inde parcella exeunte seu solvend. aut parcell. proficuorum prazdictorura, 
maneriorum, ac ceterorum praemissorum, seu alicujus inde parcellae existen. aut as- 
signat. vel limitat. aut assignand. vel limitand. dictis decano et prsebendariis, vel 
eorum alicui, aut alicui alii persona*, s>ive aliquibus aliis personis et eorum success- 
oribus, aut successorum eorum alicujus ad aliquod beneficium, officium, seu dignitatem 
in dicta ecclesia nunc promot. aut assignat. seu imposterum prornovend, sive assignand 
per aliquam personain quamcunque, vel aliquas person as quascunque modo, vel ad 
aliquod tempus imposterum, aliquo modo solvend. faciend. et reddend. 

SCIATIS insuper, quod nos de gratia nostra speciali, pro nobis, ha>redibus, et suc- 
cessoribus nostris per praesentes, pardonamus, remittimus, et relaxamus prsefatis decano 
et capitulo et successoribus suis imperpetuum, ac omnibus et singulis personis, ac 
uni'cuique personae, qui nunc sunt, aut est, vel imposterum erunt, sive erit decanus 
ecclesiae cathedralis praedictae, vel prebendarius in eadem ecclesia, seu promotus ad 
aliquod beneficium, officium, vel dignitatem in eadem ecclesia, omnes et singulas 
pecuniarum summas, et quamcunque pecuniae summam, nobis hacredibus, aut suc- 
cessoribus nostris, per praefatum decanum et capitulum aut successores suos, vel per 
quemcunque decanum ecclesiae cathedralis, seu per quemcunque prdebendarium in 
eadem ecclesia, aut per aliquam personam quamcunque, seu aliquas personas quas- 
cunque, quae nunc est aut sunt, vel quae imposterum erit vel erunt promota vel pro- 
motEe, ad aliquod beneficium, officium, dignitatem in ecclesia praedicta, tarn pro pri- 
mis fructibus, reversionibus et proficuis, aut nomine primorum f'ructuum, reversio- 
num et proficuorum, praedictorum, maneriorum, terrarum, tenemeniorum, et cetero- 
rum preemissorum vel eorum alicujus, seu alicujus inde parcellae, aut annui valoris 
decanatus ecclesiae praedictae vel prebenda:, autalterius beneficii, officii, vel dignitatis 
cujuscunquem ecclesia cathedrah praedicta, ad quern, quam, vel ad quod promotus, 
assignatus, vel appunctuatus est, vel ad aliquod tempus imposterum erit, vel ad quern, 
quam, vel ad quod promoti, assignati, appunctuati, vel collati erunt, pro annual! 
redditu decimae partis sive pensionis, vel annui valoris alicujus annualis redditus, 
pensionis, sive annuitatis, aut alterius pecuniae summae cujuscunque de praedictis ma- 
neris, terris, tenementis, rectoriis, ac ceteris praemissis, aut de aliqua inde parcella exe- 
unt, seu solvend, aut parcell. proficuorum prasdictorum maneriorum et ceterorum prae- 
missorum, sea alicujus inde parcellae existent, aut assignat. vel limitat. aut assignand. vel 
limitand. dictis dec. et prebendariis, vel eorum alicui, autalicuialiaepersonse, seualiqui. 
bus alliis personis, et eorum successoribus aut successorum eorum alicujus, ad aliquod 
beneficium, officium, vel dignitatem in dicta ecclesia nunc promot. seu assignat. aut 
rmposterum proinovend. seu assignand. vel nomine annualis redditus deciinae partis 
sive pensianis, extendentis ad annuum valorem decimae partis, vel ad decimam partem 
omnium et singulorum praedict. rnanerioruro, terrarum, tenementorum, et cetero- 
rum proemissorum, vel eorum alicujus, vel alicujus inde parcellae, vel decanatus ec- 
clesiae cathedralis praedictae, vel alicujus praebendae, benaficii, officii, dignitatis, aut 
alius promotionis cujuscunque in eadem ecclesia, vel ad decimam partem annui 
valoris, redditus, penbionis. sive annuitatis, aut alterius summae cujuscunque prees- 
pecificatae, aut annui valoris eorum alicujus, aut virtu te, seu ratione actus parliament! 
editi praedicto anno vicesimo sexto regni nostri, nobis, haeredibus, et successoribus 
nostris solvendas, reddendas, vel faciendas ; praedicta summa ducentarum octodecim 
librarum per nos, ut prsemittitur, reservata tantummodo excepta, et nobis haeredibus 
et successoribus nostris annuatim reservata. 

ET praeterea, do uberiori gratia nostra pro nobis, haeredibus et successoribus nos- 
tris, per praesentes pardonamus, remmittiraus, et relaxamus Hugoni Whiteheade 



144 THE CATHEDRAL. 



" dral in England, according to the dignity of the prebends, 
t( which are reputed more richly endowed than any other church, 

sacrse theologize professor! nunc decano ecclesiae cathedralis prasdictae, ac Edvardo 
Hyndmers sacra? theologiae professori, Rogero Watson sacra; theologiae professor!, 
Thomae Spark in sacra theologia baccalario, Willielmo Bennet sacra? theologia; pro- 
fessori, Willielmo Todd sacra? theologise professori, Stephano Marley in sacra theo- 
logia baccalario, Roberto Dalton in sacra theologia baccalario, Johanni Towton in 
sacra theologia baccalario, Nicholao Marley in sacra theologia baccalario, Radulpho 
Blaxton presbitero, Roberto Bennet presbitero, Willielmo Watson presbitero, modo 
praebendariis in ecclesiae cathedrali praedicta, et eorum cuilibet, ornnes et singulas 
pecuniarum summas, et quamcunque pecuniae summam, per praefatos Hugonem 
Whiteheade, Edwardum Hyndmers, Rogerum Watson, Thomam Spark, Willielmum 
Bennet, Willielmum Todd, Stephanum Marley, Robertum Dalton, Johannem 
Towton, Nicholaum Marley, Radulphum Biaxton, Robertum Bennet, et Williel- 
mum Watson, vel eorum aliquem, nobis pro primis fructibus, reventionibus. et pro- 
ficuis, aut nomine primorum fructuum et proficuorum, seu nomine primi fructus 
decanatus prcedicti, et prebendarum in ecclesia prsedicta, vel eorum alicujus, vel ali- 
cujus annualis redditus, pensionis, sive portionis, aut alterius summae cujuscunque 
eis pro separalibus portionibus suis, in ecclesia cathedrali predictn lirnitae aut assig- 
nato3, vel limitandae seu assignandae, vel pro an mi all redditu decimae partis, seu no- 
mine pensionis extendentis ad decitnam partem valoris decanatus praedicti, vel pre- 
bendarum praedictarum, vel earum alicujus, vel alicujus redditus, pensionis, sive 
portionis, aut eorum alicujus, eis seu eorum alicui proparte, seu pensione sua limitat. 
aut assignat. vel limitand. aut assignand. in eadem ecclesia solvendas, faciendas, 
vel reddendas. 

ET de habundantiori gratia nostra pro nobis, hacredibus et successoribus nostris 
regibus hujus regni Angliae, per praesentes damus et concedimus praefatis decano et 
capitulo et successoribus suis imperpetuum, omnes et singulas pecuniarum summas, 
et quamcunque pecuniae summam per praedictum decanum et capitulum et succeso- 
res suos, aut aliquem vel aliquos successorum suorum quemcunque seu quoscunque, 
vel per decanum ecclesiae cathedralis praedictae, et prebendaries, et alias personas in 
eadem ecclesia, vel per eorurr aliquem, aut aliquam personam quamcunque, seu 
aiiquas personas quascunque, quse ad aliquod tempus imposterum erit vel erunt 
nominata, assignata, seu appunctuata vel nominatae, assignatae, seu appunctuatae ad 
decanatum praedictum, vel ad aliquam praebendam in eadem ecclesia, seu ad aliquod 
beneficium, officium, dignitatem, vel promotionem in eadem eccleia, vel proBfactum 
decanum praedictum, vel praebendarium in dicta ecclesia vel promot. aut promot. ad 
aliquod beneficium, officium vel dignitatem in ecclesia cathedr. praedicta, nobis hae- 
redibus aut successoribus nostris regibus hujus regni Angliae, virtule aut ratione ali- 
cujus actus parliament! editi in praedicto anno vicesimo sexto regni nostri pro prae- 
missis, vel aliquo praemissorum solvendas vel reddendas ; prasdicta summa ducenta- 
rum octodecim librarum per nos, ut praefertur reservata, tantummodo excepta. Ha- 
bend. et gaudend. omnes et, singulas dictas pecuniarum summas, et quamlibet pecu- 
nise summam pra-dicta, excepta tantummodo prse-excepta, preaefatis decano et capi- 
tulo, et successoribus suis imperpetuum, de dono nostro special!, absque compoto, 
seu aliquo alio proinde nobis, haeredibus, aut successoribus nostris reddend. solvend. 
vel faciend. 

ET ulterius volumus, ac per praesentes pro nobis, haeredibus, et successoribus nos- 
triconcedimus prsefatis decano et capitulo et successoribus suis, ac cuilibet personae 
quce nunc est vel imposterum eritjdecan. ecclesiae praedictae, aut prebendarius in 
eadem ecclesia, vel nominatus, appunctuatus, seu promotus ad aliquod beneficium, 
officium, vel dignitatem in eadem ecclesia, quod nos, haeredes, et successores nostri 
non habebimus, petemus, clamabimus, vel vindicabimus aliquos primes fructus, 
reventiones seu proficua, vel aliquam quamcunque pecuniae summam pro primis 
fructibus, reventionibus et proficuis praedictorum maneriorum et ceterorum prae- 
missorum vel eorum alicujus, Tel alicujus inde parcellae, aut pro primis fructibus 



CATHEDRAL* 



" owing, as I hear, to the members allotting themselves, at first, 
" their respective dividends or shares out of the chapter lands, 
VOL. n. T 

alicujus. annualis redditus pcnsionis, sive annuftatis, aut alterius surnmae prce-specifi- 
cataj, aut nomine primi fructus eorundem, vel eorum alicujus inde parcellaj, aut 
aliquam pensionem, sive annualem redditum, extendentem ad decimam partem, 
annul valoris praedictorum maneriorum, ae ceterorum prdem.iss.orum, vel eorem 
alicujus, aut alicujus inde parcellaj, vel ad decimam partem alicujus annualis reddi- 
tus, pensionis, sive annuitatis, aut alterius summae cujuscunque pras-specificatae, 
necnon aliquam quamcunque summam, vel aliam rem quamcunque, virtute sou 
ratione dicti actus parliament! editi in praedicto anno vicesimo sexto regni nostri 
praedicti. per predict. decanum et capitulum, aut successores suos vel aliquam per- 
sonam quamcunque, que nunc est, aut ad aliquod tern pus itrposterura erit decanus 
ecclesiae p^edictae cathedralis, aut praebendarius in eadem ecclesia, aut promotus 
ad aliquod beneficium, officium sive dignitatam in eadem ecclesia proinde red- 
dendam.solvendam, vel faciendam; prapter praedictam summam ducentarum octodecim, 
librarum superius per nos. ut praemittitur, annuatim reservatem ; sed quod tarn prae- 
dicti decanus, praebendarii et capitulum, et successores sui, quam omncs et singula 
personae et perspna, qui nunc sant, aut est, aut imposterum erit decanus ecclesiae 
prasdictae, aut praebendarius in eadem ecclesia, aut promotus ad aliquod beneficium, 
officium, aut dignitatem in eadem ecclesia erunt et erit exonerat, et acquiet, erga 
nos haeredes et successores nostros per praesentes, de omnibus et singulis denariorum 
summis, et qualibet pecuniae summa nobis, haeredibus, et successoribus nostri c , virtute 
seu ratioui dicti actus parliament! editi anno vicesimo sexto regni nostri, prodecanatu 
dictae ecclesia?, vel pro aliqua praebenda, vel aliquo beneficio, officio, dignitate, vel 
promotione in eadem ecclesia, ac qualibet re concernenti ealem decanatum, praebend. 
beneticia, officia, dignitates, et promotiones f seu eorurn aliquod, aliquam, vel aliquas 
reddendis vel solvendis ; aliqua clausa, materia, sententia, re articulo, ordinatione, 
promotione, donatione, concessione ; aliqua clausa quacunque, in dicto statuto con- 
tenta, sive specificata, in contrarium non obstante. 

Ac etiam volumus pro nobis, haeredibus, et successoribus nostris, ac per prassentes 
concedimus prefatis decano et capitulo et successoribus suis intrarein omnia maneria, 
terns, tenementia, redditus, servitia, et cetera prgemissa, ac in quamlibet inde parcel- 
lam, ac ea gaudere, habere, et tenere, et biicccssoribus suis, juxta tenorem vim, formam, 
et effectum harum literamm nostrarum patentium, ac quibuscunque personis, et cui- 
cunque personae, quae nunc sunt aut est, vel jmposterum erunt, sive erit decanus 
pcclesiae paedictae, aut prcebendarius in eadem ecclesia, vel promotus ad aliquod 
beneficium, officium, vel dignitatem, in eadem ecclesia, quod licitum erit eis et eorum 
cuilibet intrare, capere, et habere actualem et realem possessionem de hoc, ad quod 
nominatus, appunctuatus, aut prpmotis fuerit in ecclesia cathedrali prasdicta, ac habere, 
capere, et percipeie exitus, reventiones, et proficua inde, ad usum suum proprium, 
absque aliqua alia satisfactione, vel solutione ad usum nostrum, haeredum, et succes- 
sorum nostrorurn, pro aliquibus primis fructibus, reventionibus, aut proficuis illius, 
ad quod est vel erit nominatus, appunctuatus, vei promotus in ecclesia cathedrali 
praedicta, et absque aliqua licentia, coneordia, secla, commissione, aut prosecutione 
alicujus liberations, haeredibus, aut successoribus nostris, aut offlciariis nostris, ia 
quibuscunque curiis nostris, proinde fienda, praMerquam de praedicta annuali summa 
ducentarum octodecim librarum nobis, haeredibus, et successoribus nostris, pro decimis 
et primis fructibus, omnium et singulorum maneriorum, terrarum, et tenementorutn 
prae-concessorum, ut praefertur, reservata. 

Et insuper volumus, et pro nobis, baredibus, ,et successoribus nostris regibushujus 
regni Angliae, per praesentes concedimus pra^fatis decano et capitulo, et successoribus 
suis, ac quibuscunque personis, aut cuicunque ptrsonae, qui nunc sunt, aut est, seu 
imposterum erunt, vel erit decanus ecclesia cathedr. praed. aut praebendarius in eadem 
ecplesia, aut prompt, nominal, sive assignat. ad aliqupd beneficiura, officium, vel 






146 THE CATHEDRAL. 



" ami not leasing them in common, by which practice (in this 

dignitatem in eadem ecclesia, quod licet eis, et eorum cuilibet, ut intraverint, ceperint, 
et habuerint, intraverit, ceperit, et habuerit actualem et realem possessiohem de tali 
praedicto decanatu, praebend. beneficio, officio, vel dignitate, ad quern, quam, vel ad 
quod nominal, appunctuat. aut promot. fuerit vel fuerunt in ecclesia cathed. prze- 
dicta, necnon habuerint, ceperint, et perciperint, habuerit, ceperit, et perciperitexitus. 
proficua, redditus, reversiones, et emolumenta hujusmodi decanatus, praebendae, be- 
neficfi, officii, dignitatis, sive promotionis in eadem ecclesia, vel eorum alicujus, absque 
aliqua satisfactione vel solutione ad usum nostrum, haeredum, aut successorum nos. 
trorum, pro aliquibus primis fructibus, reventionibus, et proficuis praemissorum, aut 
eorum alicujus, aut pro aliquibus primis fructibus decanatus, praibendce. aut beneficii, 
officii, vel dignitatis in eadem ecclesia cathedr. ad quern, quam, vel ad quod nunc 
sunt. aut est, aut ad aliquod tempus imposterum exit, vel erunt, nominatus, appunc- 
tuatus, aut promotus, vel nominati, appunctuati, aut promoti, absque aliqua compo- 
sitione aut agreamento proinde fiend. Tamen nos, hasredes, aut successores nostri 
aut aliquis alius, pro nobis, haeredibus, aut successoribus nostris, aut nomine nostro, 
haeredum, aut successorum nostrorum, ea de causa non inquietabimus. impetiemus, 
perturbabimus, nee molestabimus praedictum decanum et capitulum aut successores 
suos, aut aliquam personam quamcunque ad decanatum in ecclesia cathedral, praedicta, 
vel ad aliquam praebendam in eadem ecclesia, aut ad aliquod beneficium, officium, 
dignitatem, seu promotionem in eadem ecclesia nominal, assignat. aut appunctuat. 
vel nominand. assignand. vel appunctuand. de pro vel concernenti aliquam introisi- 
onem, vel aliam offensam, &ive forisfacturum quamcunque malignam praemissorum, 
sed quod tarn decanus et capitulum et successores sui, ac omnes et singuli persona; 
qusecunque. quae ad decanatum ecclesiae cathedr. praedictae vel ad aliquam praebendam 
in eadem ecclesia, aut ad aliquod beneficium, officium, dignitatem, aut aliam promo- 
tionam quamcunque in eadem ecclesia, nunc nominal, assignat. aut appunctat vel ad 
aliquod tempus imposterum nominand. assignand. seu appunctuand. erunt et erit 
penitus exonerati, acquietati, perdonati. et relaxati, ac exoneratus, acquietatus, perdo- 
natus, et relaxatus, ergo nos, haeredes, et successores nostros, et quemlibet nostrum de 
sine pro omnibus et singulis hujusmodi ingressionibus, in!rusionibus, offensis, penal. 
itatibus, et forisfacturis, et aliis quibuscunque limitatis aut specificatis in aliquo statute 
But actu parliament! edito praedicto anno vicesimo sexto regni nostri, concernente 
solutionem primi fructus, et solutionis annualis redditus, aut pensionis exlendentis an 
annuum valorem alicujus beneficii, digintatis, officii, vel promotionis, seu eorum 
alicujus, aliquo statuto, ordinatione, provisione, aut actu edito in eod. anno vicesimo 
sexto regni nostri in contrarium non obstante. 

VOLENTES insuper, et per praesentes firmiter injungendo praecipientes omnibus et 
singulis archiepiscopis et episcopis infra hoc regnum nostrum Anglias, ac cancellario 
curia; decimarum et primorum fructuum nostrorum, necnon omnibus et singulis 
officiariis, ministris nostris, haeredum, ac successorum nostrorum, et eorum cuilibet, 
quod ipsi, aut eorum aliquis, aliquo modo non impellent, perturbabunl, vexabunt, 
inquielabunl, aul molestabunt, nee impeliet, perturbabit, vexabit, inquietabit, seu 
molestabit praedictum decanatum et successores suos, seu eorum aliquem, aut aliquam 
personam quamcunque, quae nunc est, vel ad aliquod lempusimposlerum eritdecanus 
ecclesiae cathedr. prsedictale, aut praebendarius in eadem ecclesia, seu nominal, assig- 
nal. nppunclual. aul promol. ad aliquod beneficium, officium, seu dignitatem in 
eadem ecclesia, de, pro, aut concernent. solutionem alicujus summae, aut rei cujus- 
cunque pro primis fructibus, reventionibus, aut proficuis, aut nomine primi fructus 
praemissorum, aut eorum alicujus, vel decanatus ecclesiae cathedr. praedictae, aut ali- 
cujus praebendae, officii, beneficii, aut dignitatis in dicta ecclesia cathedr. vel de, pro, 
aut concernem. solutionem alicujus summae aut rei cujuscunque pro aut nomine 
annualis redditus, sive pensionis exlendenlis ad decimam parlem valoris, aul annul 
valoris praemissorum, aut eorum alicujus, aul decanalus ecclesiae calhedralis praedictae, 
aut alicujus praebendae, beneficii, officii, aut dignitatis in eadem ecclesia, aut ratione, 
rel prwtextu alicujus statuti editi in praed. anno vicesimo sexto regni nostri ; sd 



1 
TUB CATHEDRAL. 147 



" sole church of the new foundation) some prebends are of 

T 2 

quod omnes et singuli predict, archiepiscopi, episcppi, cancellarii, officiarii, et rai- 
nistri nostri, haeredum, aut successorum nostrorum, super solam demonstrationem 
harum literarum nostrarum patentium, permittant et fieri causabunt praedictam de- 
canum et capitulum et successores suos, et quamlibet personam praedictam, de, pro, 
aut concernen. prasmissor. fore quietos et in pace. 

ET ulterius de uberiori gratia nostra, damus et concedimus eisctem decano et 
capitulo et successoribus suis, quod idem decanus et capitulum ac successores sui, 
habebunt, tenebunt, et gaudebunt, ac habere, tenere, et gaudere valeant, et possint, 
infra maneria et dominia praedicta, et cetera omnia et singula praemissa, et infra 
quamlibet parcellam, tot, talia, tanta, hujusmodi et consimilia, curias letas, visum 
franci plegii. necnon omnia qua? ad visum franci plegii pertinent, assaiam et assisam 
panis, vim, et cervisiae, catalla, waviata, extrahuras, liberas warrenus, ac omnia quas 
ad liberam warrenam pertinent, wreccum maris. minera carbonum, ferias, nundinas, 
mercata, libertates, franchesias, privilegia, et jurisdictiones quascunque, quot, qualia, 
quanta, et quae prasdicti nuper prior et conventus dicti nuper monasterii Beatse Ma. 
riae Virginis et Sancti Cuthberti Dun. sive eorum aliquis, aut aliquis vel aliqui 
prajdecessorum suorum habuerunt, tenuerunt, vel gavisi fuerunt, habuit, tenuit, vel 
gavisus fuit, seu habere, tenere, vel gaudere debuerunt aut debuit, in praedictis ma- 
neriis, rectoriis, terris, tenementis, et ceteris praemissis, aut in aliqua inde parcella, et 
adeo plene et integre, ac in tarn amplis mode et forma, prout ea omnia et singula ad 
mantis nostras, ratione vel praetextu dissolutionis, sive sursum-redditionis vel conces- 
sionis dicti nuper monasterii, seu alio quocunque modo devenerunt, seu detenire 
debuerunt, ac in manibus nostris jam existunt, seu existere debent, vel deberent. 

DAMUS etiam, ac per praesentes concedimus, praefatis decano et capitulo, omnia et 
singula hujusmodi, talia, tanta et consimilia jura spiritualia, et privilegia ecclesiastica, 
ac omnem et consimilem ordinariam authoritatem, potestatem, et jurisdictionem 
quamtunque, infra precinctum dicti nuper monasterii sive prioratus, ac etiam apud 
et infra maneria de Heminborough, Howenden, et Alverton infra com. nostrum 
Eborum. Necnon infra episcopatum Dunelm. quot, quanta, et quae dicti nuper 
prior et conventus dicti nuper monasterii Beatae Maria et Sancti Cuthberti Dunelm. 
aut eorum aliquis, sive aliquis vel aliqui praedecessorum suorum, aut aliquis aliut 
nomine ejusdem prioris, sive aliquorum vel alicujus praedecessorum suorum in jure 
nuper monasterii aut prioratus illius, aliquo tempore ante dissolutionem ejusdem 
monasterii sive prioratus habuerunt, tenuerunt, vel gavisi fuerunt, habuit, tenuit, vel 
gavisus fuit, seu habere, tenere vel gaudera debuerunt, aut debuit ; exceptis, et 
omnino reservat. nobis, haeredibus, et successoribus nostris omnibus illis libertatibus, 
jurisdictionibus, franchesiis et priveligiis, quae modo aliquo statute sive ordinatione 
sunt adnihilita, revocata, vel evacuata. 

ET nlterius de ampliori gratia nostra, volumus, ac per praesentes concedimus pro 
nobis haeredibus, et successoribus nostris, quod idem dec. et cap. et eorum successores 
de cetero imperpetuum habebunt, tenebunt, et gaudebunt, ac in usus suos prcprios 
convertent, et habere, tenere, et gaudere, ac in usus suos proprios convertere possint 
et valeant, omnes et singulas prasdictas rectcrias, quae nuper aliquo modo fuerunt 
appropriatae ; ac omnia et omnimoda terras, tenementa, ac decimas, comrnoditates, 
proficua, et emolumenta quaecunque eisdem rectoriis, seu eorum alicui quoquo modo 
spectantia, sive partinentia praefaits dec. et cap. aut eorum successoribus praeconcess. 
cum suis pertinentiis universis ; ac quod eadem rectoriae cum eisdem pertinentiis de 
cetero imperpetuum dicto dec. et cap. eorumque successoribus erunt appropriat. in 
tarn amplis modo et forma, prout nuper prior et conventus dicti nuper nronasterii 
Sancti Cuthberti i unelm, vel eorum aliquis, aut aliquis vel aliqui preedecessorum suo- 
rum, injure nuper monasterii illius praedicti rectorias sive earum aliquas vel aliquam, 
cum suis pertinentiis habuerunt, tenuerunt, vel gavisi fuerunt, habuit, tenuit, vel gavisus 
fuit, seu habere, tenera, vel gaudere debuerunt aut debent, ratione aut modo quo- 
cunque ; aliquo actu, statute, ordinatione, lege, consuetudine, prohibitione, vel res- 
trictione antehac habit, fact. edit, usitat. provisu. vel aliqua alia materia, re vel can. 



THE CATHEDRAL. 



fc more value than others, whereas ih the rest they are all equal, 

S3 quacunque in contrarium aliquo modo, non obstante, sine impedimenta ; et hoc 
absque aliqua praesentatione, admissione, sen fttductione alicujus incumbentis, seu 
aliqtiotum incumbentium, ad dictas rectorias aa't ad earum aliquam, ut praefertur, 
dictis dec. et cap. eorumque successoribus per pra?sentes cortcessas. 

Ac etiam volumus, ac per praesentes pro nobis, ha?redibus, et successoTibus nostris 
concedimus dec. et cap. et successor. Suis, quod nos, haeredes, et successores nostri 
imperpetuum, et de tempore in tempus aquiettibrmus, exo'nerabimus, et indempnes 
conservabimus, tarn eosdem decanum et capitulurn ac eorem successores quam pr- 
dicta maneria, terras, tenementa, ac caetera omnhi praemissa cum pertinentiis univer- 
siis, versus quascunque personas, et quamcunque personam, haeredes, assignatos et 
successofes, suos, de et pro omnibus et omnimodis pensionibus, portionibus. redditi . 
bus, feodis, corrodiis, annuitatibtis, oneribus, e't denariorum strmmis quibuscunque, de 
aut pro praedict. maneriis et ceteris prasmissis, seu de aut pro aliqua inde parcella, 
oneratis, seu onerandis ; prasterquam de praedict. reddit. ducentarum octodecim li- 
brarum nobis, haeredibus, et sucCessoribus nostris superius reservatum ; ac praefer- 
quam de foedo trium librarum, novemdecim so'lidorum et sex denariorttm annuatim 
solvend. Thomae Tempest militi, et Nichdlao et Roberto Tempest conjunctim offi- 
ciar. parcarii de Beaupere per literas patentes eisdem inde confectas ; ac de feodo 
quadragrnta sex solidorum et quatuor denariorum annuatim solvend. Thomas 'Forster 
paliciat. dicli parci per Hteras patentes ; ac pfaeterquam de feodo quatuor librarum, 
tresdecim solidorum et quatuor denationim annuatim solvend. Jaspero Horsleye 
ballivo itinerant sive cursdr. scaccarii flicti nuper monaSterii per Hteras patentes eidem 
inde confectas ; ac prasterquam de feodo viginti sex solidoruth et quatuor denariorum 
annuatim solvend. ballivo de Shoreswood cum diverts villat. ibidem, et collector! 
redd, et decimar. ibidem ; ac de feodo viginti sex solidorum et octo denariorum an- 
nuatim solvend. ballivo de Est-Merrington pro tempore existente . ac de feodo tri- 
ginta trium solidorum et quatuor denarlorum annuatim solvend. ballivo de ; ficwor<h 
pro tempore existente ; ac de feodo quinquaginta trium solidorum et qiicituor denari- 
orum annuatim solvend. ballivo de Soutb-Shelles pro tempore existente; ac de 'feodo 
viginti solidorum annuatim solvend. ballivo de FramWelgate pro tempore existente ; 
ac de feodo trium librarum et sex solidorum ballivo et collector! redd, de Elvet et 
Shinkleye pro tempore existente ; ac de feodo viginti solidorum annuatim solvend. 
ballivo villatis de Est-Hainton, West-Kainton, et North- Pittington, pro tempore ex- 
istente; necnon de 'feodo viginti septem solidorum et quatuor denariorum annuitim 
solvend. Nicholao Blaxton ballivo de Bellingham per literas patentes eidem inde 
confectas ; ac prreterquam de quinque libris, sex solidis, et octo denarii's annuatim 
solvend. curato capellae San^tas Margaretae infra prasdictam parochiam Saucti Os- 
Traldi Ounelm. pro salario suo ; ac de quinque libris annuatim solvend. curato ca 
pellae de Cornell infra parochiam de Norham predict, pro salario suo ; ac de quin- 
que libris annuatim solvend. curato parOchiae Sanctae IMariae Magdalenag Dunelm. 
pranlict. pro salario suo; ac etiam de tribus libris, sex solidis, et octo denariis annu- 
atim solvend. curato de Mugleswicke praedict. celebrant, in ecclesia de Mugleswioke 
praed. ;pro salario suo ; ac praetefqliam de tresdecim solidis et quatuor denafiis annu- 
atim solvend. pro pane et vino tempore Paschali in ministratione corporis Christ? 
tparochianis in ecclesia de Norham predict, ac de triginta quinque solidis et qua- 
tuor denariis annuatim solvend. pro cor.similibus expensis tempore praedieto in eccle- 
sia Sancti Oswakli Dunelm. fiend, ac praeterqmim de duobissolidis annuatim solvend. 
magistro collegii de Fryswith in villa nostra Oxon. ac etiam decem solidis solvend. 
capellano capelke de Ferry super montem pro tempore existente ; ac de viginti soli- 
dis annuatim solvend. capellano capellee de Hilton pro tempore existente; ac de 
quinque solidis annuatim solvend. capellano cantariae de Bradburia pro tempore ex- 
istente; ac de tribus solidis et quatuor denariis annuatim solvend. clerico cantariae 
Sanctse Trinitntis in ecclesia Sancti Nicholai in burgo Dunolm. ac de octodecim so- 
lidis et qtiirique denariio annuatim solvend. cantarista; Beatae Mariae in ecclesia prae- 
dicta; ac de viginti octo solidis et octo denariis annuatim sol vend, 'cantamtae Sancta 



THE CATHEDRAL. 14-9 



" as they might be here possibly at first, though the improve- 

Mariee in ecclesia praedicta ; ac de quinque solidis annuatim solvend cantarlsta; 
Sancti Nicholai in dicta ecclesia; ac de duodecim denariis annuatim solvend. capel- 
lano Beatae Mariae in ecclesia Sanctae Margaretse ; ac de quindechn solidis annuatim 
solvend. capellano cantariae Sancti Cuthberti in Galilea in ecclesia cathedr. Dunolm. 
ac de viginti quatuor solid, annuatim solvend. capellano cantariae sive gildae corporis 
Chmti in ecclesia Sancti Nicholai ; ac de quadraginta solid, annuatim solvend. ca- 
pellano capellas de Nether- Heworth prasdict. pro tempore existente ; ac de quadra- 
ginta solid, annuatim solvend. carrtaristze in ecclesia Sanctae Margaretae in veteri 
Dunolm. de viginti solid annuatim sc'lvend. rectori ecclesiae parochialis 'Beatae Ma- 
riee in ballivo australi infra dictam civitatem Dunolm. ac de separalibus redd, viginti 
quatuor solid, ac novemdecim denariis annuatim solvend. capellano cantariaj Beatae 
Marias in ecclesia Sancti Oswald! ; ac de novem solidis annuatim solvend. capeHano 
caritariae Beatae Mariae in ecclesia Sancti Nicholai in Dunolm. ac de quatuor solid, 
annuatim solvend. capellano cantariae Sancti Jacobi juxta Elvet ; ac de duobus solid, 
annuatim solvend. capellano cantariae Beatae Marias in ecclesia Sancti Nicholai in 
-Dunolm. praedict. ac de quodam annuali rcdditu, annuitate, sive pensione, viginti 
librarum exeunt de scclesia de Berwick, annuatim solvend. ricaria de Berwick praj- 
dicta ; ac de quodam annuali redditu, sive pensione, sexdecim librarum exeunt, de 
ecclesia Sancti Oswald! predict! in Dunolm. praedict ac de quodam annuali redditu 
sive annuitate viginti librarum exeunt, de ecclesia de Norham praed. annuatim sol- 
vend. vicario de Norham predict. 

ET ulterius de uberiori gratia nostra, damus, ac per praesentes concedimus, praefat. 
decano et capitulo, omnia exitus, redditus, reventiones, et proficua, omnium etsingu- 
lorum prfiedictorum maneriorum, terrarum, tenementorum, rectoriarum, pensionum, 
decimarum, acceterorum omnium etsingulorum premissorum, superius expressorum, 
et specificatorum, a festo Sancti Michaelis Archangdli ultimo praeterito hue usque 
provenientia sive crescentia. Volentes insuper, et per praesentes firmiter injungendo, 
praecipientes tain cancellario et consilio curia; augmentationum, reventionum, cnronaj 
nostrae pro tempore existent, quam omnibus Teceptoribus, auditoribus, et a"liis offici- 
ariis et mimstris nostris quibuscunque, quod ipsi, et eorum quilibet, super solam de- 
monstrationem harum literorum patentium, absque aliquo alio brevi seu warranto, a 
nobis, hseredibus, seu succcssoribus nostris quoquo modo impetrand. obtinend. seu 
prosequend. plenam, integram, debitamque exonerationem, allocationem, defalcatio- 
nem, ef. deductionem manifestam, praed. dec. et capitulo et successoribus suis, de 
omnibus et omnirnodis hujusmodi annuitatibus, redditihus, 'et denariorum summis 
quibuscunque de praemissis, ut proafertur, exeuntibus seu selvendis, vel superinde 
oneratis, seu onerandis; praeterquam de illis redditibus, feod. et denariorum summis, 
quas superius nominal, et expressat. excipiuntur, facient et fieri causabunt ; et hae 
literas nostrae patentes, erunt tarn diet, cancellario et consiljo curiae nostrae augmen. 
tationum reventionum coronae nostrae pro tempore existen. quam praedict. auditor!- 
buss, receptoribus, et aliis officiariis et ministris nostris quibuscunque, sufficiens war- 
rant. 'et exoneratio in hac parte. 

ET praeterea de ampliori gratia nostra volumu?, et concedimus pro nobis, haeredi- 
bus, et suceessoribus nostris per praesentes, quod hae literse nostrae paten, et quodlibet 
v.-rbum, sententia, et clausa in eisdem content, seu specificat interpretabuntur, ex- 
ponentur, capientur, intelligentur, adjudicentur, et determinentur. ac interpretabitur, 
exponetur, capietur, intelligetur, adjudicetur, et determinetur, tarn coram nobis, heere- 
dibus, et successoribus nostris, et in quibuscunque curiis nestris, et cur. hasredum et 
successorum nostrorum tain spiritualibus quam temporalibus ac in omnibus aliis 
locis, et coram quibuscunque judicibus, justiciariis, et aliis personis quibuscunque 
aut alia persona quacunque, ad maximum commodum et proficuum praedict. decani 
et capituli et successorum suorum, ac cujuslibet persunse, quae nunc est, aut ad ali- 
quod tempus imposterum erit decanus ecclesiae cathedralis praedict. aut praebend. in 
eadem ecclesia, aut nominat. appunctuat. assignat. seu promot. adaliquodbeneficium, 
officium, vel dignitatem in eadem ecclesia, arctissime erga nos, haeredes, et succes . 



150 THE CATHEDRAL. 



" ments of estates have made a disproportion, as it now con- 
u tinues."* 

Dean Whitehead, Chambre informs us, fell under the displea- 
sure of the court, and, being accused of misdemeanour against 
the state, together with bishop Tunstal and Hyndmers his chan- 
cellor,f was summoned to appear before the council : being 

ores nostros, et hoc licet nomina et cognomina, aut nomen et cognomen illorum seu 
illius, qui imposterum erunt, aut erit decanus ecclesize praedictae, aut praebendar. vel 
praebend. in eadem ecclesia, vel nominal, assignat. appunctuat. seu promot. ad ali- 
quod beneficium, officium, seu dignitatem in eadem ecclesia, vel certitudine valorem 
decan. ecclesiae predict, et prebendar. in eadem ecclesia, aut ceterar. dignitat. et 
promotionum in eadem ecclesia. aut eorum alicujus specialiter et certitudinaliter in 
hiis literis nostris paten, non exprimuntur, declarantur, seu specificantur ; aut aliquo 
omissione, defectu, negligentia, repugnantia, seu contrariositate in praesentibus, aut 
eorum aliquo, aut eo quod expresa mentio de vero valore annuo, aut de certitude 
praemissorum, aut de aliis donis, sive concessionibus per nos p^sefat. decano et capi 
tulo, antehac tempora factis in praesentibus minime fart, exisiet ; aliquo statute, aut 
actu parliamenti edit, seu fact, in praedicto anno vicesimo sexto regni nostri, aut 
aliquo alio statut. actu, ordinatione, seu restrictione in contrarium praemissorum, seu 
eorum alicujus, antehac tempora edit. fact, seu ordinal, vel aliqua causa, re, seu ma- 
teria quacunque, in aliquo non obstante. 

VOLUMUS etiam, et per praesentes concedimus, praefat decano et capitulo. quod 
habeanl has literas patentes sub magno sigillo nostro Anglie debito modo facl el 
sigillat. absque fine, seu feod. magno vel parvo, nobis in hamperio nostro seu alibi, 
ad usum nostrum proinde quoquo modo reddend. solvend. vel faciend. Eo quod 
expressa mentio de vero valore annuo aut de certitudine praemissor. sive eorum ali- 
cujus aut de aliis donis sive concessionibus, per nos prtefat. dec. et capit. antehac 
tempora in praesentibus minime facta existit, ant aliquo statute, actu, ordinatione, provi- 
sione, sive rebtriclione inde in contrarium facl edil. ordinal, sive provis. aut alia re 
causa, vel materia quacunque, in aliquo non obstante* In cujus rei testimonium has 
literas nostras fieri fecimus patentes. Teste meipso apud Westmonasterium sexto de- 
cimo die Maii anno regni nostri Iricesimo tertio. 

Per breve de private sigillo, et de data praedicta, auctoritate parliamenti. 

MARTEN. 
* The ancient Valor, c. 



each 



. s. d. 

Deanry 284 4 8 
Twelve prebendaries 32 510 each 
Twelve minor canons 10 each 
Deacon 668 
Sub -deacon 664 

Sixteen lay-singingmen 668 each 
Schoolmaster 11 Q 
Usher 668 
Master of the Chorislers 915 

f- Burnet's Reformation vol. iii. p. 205. Kennel's Hist. vol. ii. p. 323. 
Theis be the assigments of lands and possessions for the corps of the deanrye and 
prebends within the calhedral churche of Durham, as hereafter followeth. 

The Corps of the Deanrye. 

Imprimis, ye manor and demaines of Beauparke xv/. xvs. Ad. 
Three little clausures lying nyghe ye Stotyate xiijs. iiijd. 
The Harber close t xx. 

Holm pasture xijf. 



. s. d. 

Divinity reader 20 O 0' 
Eighl almsmen 613 4 
Eighteen scholars 368 
Ten choristers 3 6 8 
Two vergers 600 
Two porters 6 O 
Two cooks 500 

Two barbers 5 O 
Two sacristaries 6 Oj 



THE CATHEDRAL. 



much agitated under such circumstances, and distressed by un- 
usual fatigue and travelling, he fell sick soon after his arrival in 
London, and dying, was interred in Trinity Church in the Mi- 
nories, in the year 1548, having enjoyed the office of dean only 
six years. Willis says,* "The History of Durham says hcdi- 
" ed at London in 154-8, and was buried in the Minories there ; 
" which A. Wood in his Athenae also mentions, and tells us this 
" epitaph was placed over his gravestone, though it is now peri- 
" shed, as I found when I searched that church : tytre Iterf) tlj* 
" IBotiE of c *j)ug|) TOnteljeali, tfce last HDrior of ^urfjatn, ana ffm 25ean 
" thereof, tofjo tieti at Hontoon* * * * * ant foagfcttnefc iatie ClmFc!) of tfa 
" Spjnorjeg, anno *****" 

The office of dean appears to have remained vacant three years 
from the death of Hugh Whitehead, or that he did not die in 
the year 1548 ; for it was not till the 18th of November, 1551, 
that 

ROBERT HORN, D. D. 

succeeded, it being expressly said in the patent (5 Edw. VI. part 
3) that the king presented him on the vacancy occasioned by the 
death of Whitehead. Some authors have asserted he was born 

North-ravelling Flatt South-ravelling Flatt with the 

Sommer pasture viijV. 

One tenement called the Whitehall xxxs. 

One tenement called Allansford xijs. 

One tenement called Shipleigh xiijs. iiijrf. 

With claus. commons and pastures belonging to the premisses paying furthe yearlie of 
the said corps unto the said cathed. church of D. the some of x/. xiijs. And the 
woods and mines within the possessions of the said corps to be reserved and ex- 
cepted for the common use and necessaries of the said cathed. churche and other the 
manors, milnes, buildings and tenements appertayning and belonging to the same. 

Randall's MSS. 

N. B. The residue of this assignment is carried forward to each respective prebend 
The tithes ofMerrington and Billingham were also then assigned to the deanry. 

. s. d. 

Decimse rectorie de Billingham 13 13 4 

de Newton Bewley 700 

de Cowpen - 600 

de Wolvestan 13 6 8 

de Merrington 800 

de Chilton Magna 6 13 4 

de Chilton Parva 280 

de Ferry- Hill 6 13 4 

de Hett 268 



. 105 13 4 

Solvit etiam capitulo pro bladijs JEgidij 4s. Et pro 48 le rent henns, &c. 4*. 
Dacanus nunc solvit capitulo quotannis 1061. It* 44. 
* Vol. i. p. 352. 



152 THE CATHEDRAL. 



in the bishopric of Durham,* but the more probable account is,f 
that he was the son of John Horn, son of William Horn, of Cle- 
tor in Copeland, in the county of Cumberland, was educated in 
St John's college, Cambridge, where he commenced doctor in di- 
vinity, and went out ad eundiim 9th July 1567. It is said he was 
nominated to the bishopric of Durham in 1552, bishop Tunstall 
being then living, who declined accepting it, as the conditions 
were such he could not approve :J It is certain there was much 
disagreement between him and that prelate. Soon after the ac- 
cession of queen Mary, Horn was ejected, and became a volun- 
tary exile for the cause of faith, living abroad the whole of her 
reign. A t the head of the episcopal party at Frankfort he greatly 
distinguished himself, being chosen Hebrew-reader to the English 
society there. In a bitter contest with one Ashley, his bigotry 
rather than his tolerant spirit was displayed. || On the accession 
of Elizabeth, being restored to his deanry, he continued but a 
short time before his appointment lo the bishopric of Winches- 
ter, which happened in the year 1560. At the conferrence at 
Westminster, he was chosen one of the disputants concerning 
the services of the church.^ A suit was prosecuted against 
him by bishop Bonner, touching the supremacy oath,** which 
was superseded by the fortunate interposition of the statute on 
consecrations. He departed this life on the 1st day of June 1579. 
The place of his interment is variously spoken of; most proba- 
bly it was in the church at Winchester, near the pulpit ; but 
Willis and Stephens say in the Minories church, London. The 
inscription on his tomb has been given us in the History of Win- 
chester, published in 1773.ff Under the life of John W'hyteJJ 
he is thus mentioned : " he was reported by a certain author}} 
" to be a man of great mind and protound ingenie, and no less 
" sagacious in detecting the crafts of his adversaries, than pru- 
"dent in preventing and avoiding them. He was also a frequent 
6S preacher, and an excellent disputant, and wrote in the mother- 
" tongue an Answer to John Fackenham's Scruples |||| concern- 

Collyer's Eccl. Hist. vol. ii. p. 569. Fuller's Eng. Worthies. 

f Fasti Oxon. Wood, vol. i. p. 101. 

$ Grey's Notes. Rennet's Hist. vol. ii. p. 323. Burnet's Ref. vol. ii. p. 

64. Strype's Ann. vol. ii. p. 656. 

Fuller's Ch. Hist. lib. 8, p. 31,. 

|| Ibid. lib. 8, p 32. f Ibid. lib. 9, p. 56. 

** Ibid. p. 79. Collier's Eccl. Hist. vol. ii. p. 495. 

ft Robertus Home, theologiae doctor eximius, quondam Christi causae exul, de- 
inde episcopus Winton, pie obiit in Domino June 1, 1580, episcopatussui aiuio 19 

J{ Ath. Oxon. vol. i. p. 110. (last edit.) Parker's Antiq. Eccl. Brit. 

|| fl Ath. Ox. vol. i. p. 222. That he dealt falsely and uncivilly with abbot Fec- 
kenham when committed to his custody. See also p. 196. 



THE CATHEDRAL. 15S 



"ing the oath of supremacy. He gave way to fate in 1579, 
" leaving this character behind him, given by one belonging to 
" the church at Durham, who, speaking of his demolishing se- 
" veral ancient monuments of that church while dean thereof, 
" tells us, that he could never abide any ancient monuments, acts 
66 or deeds, that gave any light of or to godly religion" His cha- 
racter, as given by Fuller,* is to this effect: "A worthy man. 
66 ground betwixt papists and sectaries, who sported with his 
" name, and twitted his person as dwarfish, carping at the case, 
" when they were not able to find fault with the jewel. What- 
"ever his mould might be, he was made of good metal, as being 
" of a sprightful and fruitful wit." He published two of John 
Calvin's sermons in English, to which he perfixed his Apology, 
wherein he gives an account of himself, and the reasons for his 
flight. There are many things in this Apology worthy remark- 
ing,-)- especially the complaints of hard and unjust dealing to- 
wards him, by bishop Tunstall, and by Gardner bishop of Win- 
chester, and of the sad change there was on the accession of 
queen Mary. Strype says, " This apology is well worthy the 
" preserving; therein he relates at large how he was summoned 
" up from Durham to the privy-council : And thereby the bi- 
" shop of Durham and the bishop of Winchester accused him of 
"divers things that were merely false, on purpose to bring him 
"him into trouble; as that he, being dean of the church, took 
" upon him to meddle in the bishop's office : that in his new 
" learning he preached heresy ; that he was a Scot ; that he 
" brought a wife into that church, where never woman came be- 
" fore : Of all which, with sundry other charges, he acquits him- 
66 self in this apology.";): On dean Horn's cession, 

THOMAS WATSON, D. D. 

was appointed by queen Mary, the 18th of November 1553. 
He was rector of North- Crawley in the county of Bucks, and 
roaster of St John's college, Cambridge. Soon after his ad- 
vancement 10 this deanry, an act was passed to enable the queen 
VOL. ii. U 



* Eng. Worthies. 

f Strype's Ann. vol. ii. p. 659. The apology in the appendix, N 30. 

^ Grey's Notes Mon. p. 118, 122. ^Strype, Eliz. c. 3. and 45, &c. &c. 

By his will he left 401. to the poor of Durham. Strype's Ann. p. 656. 

; An Act of Parliament empowering Q. Mary to make Statutes for Cathedral and 
Collegiate Churches, 2d. April, 1554. 
[From Randal's MSS. N 1. p. 91.] 

In parliamento inchoato et tento apud Westmonasterium secundo die Aprilis, 
anno regni serenissimae et exeellentissimae dominae nostras Marias Dei gratia Anglias 
Franci et Hiberruae reginae fidei defensorU primo, et ibidem continuato usque in 



154? THE CATHEDRAL. 



to make statutes and ordinances for the government of collegiate 
churches and their possessions, the former law of Henry VIII. 

quintum diem Mail dicto anno, quo di dissolut. erat, communi omnium procerum 
et populi consensu, ac regiae majestatis tune praesent. assensu, sancit. edit, et ordi- 
nat. fuerunt haec subsequent, statuta. 

Exhibita est regies majestati in parliamento prasdicto, billa quaedam formam actus 

in se continens ; 

WHEREAS the late noble prince of famous memory, king Henry tlieEigh th, 
father to our most gratious soveraigne lady the queene, amongst other his godly acts 
and doings, did erect, make and establish divers and sundry churches, as well ca- 
thedral as collegiate, and endowed every of the same with divers manors, lands, tene- 
ments and possessions, for the maintenance of the deanes, prebendaries and ministers 
within the same, and for other chari table acts to be done and executed by the same 
deanes, prebendaries and ministers: And also did incorporate the same deanes, pre- 
bendaries and ministers, and made them bodyes politique in perpetual succession, 
according to the lawes of the realme of England. 

And where also, as the late kinge, for the better maintenance and preservation of 
the said churches, in a godly unity and good order and governance, graunted unto 
the several corporations and bodyes corporate of every of the said churches^ that they 
should be ruled and governed for ever, according unto certaine ordinances, rules 
and statutes, to be specyfied in certaine indentures then after to be made by his 
highnea, and to be delivered and declared to every of the bodyes corporate of the 
said several churches, as by the several erections and foundations of the said churches 
more plainly it doth and may appear : Since which said erections and foundations, 
the said late kinge did cause to be delivered to every of the said churches, so as is 
aforesaid erected and incorporated, by certaine commissioners by his highnes appoint- 
ed, divers and sundrye statutes and ordinances, made and declared by the same com 
missioners, for the order, rule and governance of the said several churches, and of 
the deanes prebendaries and ministers of the same ; which said statutes and ordinan- 
ces were made by the said commissioners, and delivered unto every of the corpora- 
tions of the said several churches in writinge, but not indented, according to the 
forme of the said foundations and erections, by reason whereof, the said churches, 
and the several deanes, prebendaries and ministers of the same, have no statutes or 
ordinances of any force or authority, whereby they should be ruled and governed, 
and therefore remain as yet not fully established, in such sort as the godly intent of 
the said late king Henry the Eighth was, to the greate imperfection of the same 
churches, and the hinderance of God's service, and good order and regiment to be 
had and continued amongst the ministers of the same. 

And for as much as the authority of the makinge of the said statutes, ordinances 
and orders was reserved only unto the said late kinge, and no mention made of any 
like authority to be reserved unto his heyres and successors, the sarne orders an'd 
statutes cannot now be provided, without authority of parliament. 

May it therefore please the queenes high ness, that it may be established and enact- 
ed by her highnes, by the assent of the lords spiritual and temporal, and the com- 
mons of this present parliament assembled, and by the authority of the same, that our 
said soveraigne lady the queene from thenceforthe duringe her natural life (which 
our Lord longe preserve) shall have by vertue of this act, full power and authority to 
make and prescribe unto every of the said churches, and the deanes, and prebenda- 
ries, and ministers of the same, and to their successors, such statutes, ordinances and 
'orders, for the good governance, rule and order of every of the same churches, deans 
and prebendaries, and ministers of the same, and of the lands, manors, tenements and 
possessions of every of the same churches, as shall seeme good to her highnes ; the 
same statutes and ordinances to be made by her highnes by writinge sealed with the 
great scale of England, and to be delivered to the deanes, prebendaries and ministers 
of everj of the said churches for the tyme being. 



THE CATHEDRAL. 155 



having become obsolete for want of being duly carried into exe- 
cution, as appears by the preamble. This power, as we observed 
before,* was as much confined to the queen as the other was to 
Hen. VIII. so that statutes constructed, or reformations of such 
statutes, not done by queen Mary, and without authority of par- 
liament, are void and of no validity. 

The present statutes of this church were drawn up by Nicho- 
las Heath archbishop-elect of York, Edmund Bonner bishop of 
London, Cuthbert Tunstall bishop of Durham, Thomas Thirl- 
by bishop of Ely, and William Armistead chaplain to their ma- 
jesties, who were commissioned for that purpose ; and they re- 
ceived confirmation f under the great-seal the 20th day of March, 
in the first and second years of the reign of Philip and Mary.J 

STATUTES. 

CHAP. I. The Bishop's Pre-eminence* 

The prelate takes place of the dean, canons, and ministers of 
the church ; and is to be received, upon his first coming, with 
the following ceremonies : The dean, with the whole choir in 
their proper habits, shall meet him in procession at the north 

U 2 

And that it may be further enacted by the authoritye aforesaide, that our said 
soveraigne lady the queene, duringe the tyme aforesaide, by writinge sealed with the 
greate seale of Englande, shall and may alter, transpose, and change, augment, or 
diminish the said orders, statutes and ordinance of every of the said churches, from 
tyme to tyme, as occasion shall serve, and as it shall seeme good to her highnes ; and 
that all and every of the said statutes and ordinances and orders to be made, altered, 
transposed, changed, augmented, or diminished as is aforesaid, shall be and remaine 
good and effectual, according to the making, alteration, transposinge, chaunginge, 
augmentinge, or diminish! uge of the same. 

Be it also further enacted by the authoritye afbresaide, that the queenes highnes 
may have like power and authoritye to make, ordeine and establish statutes, ordi- 
nances and foundations, for the good order and government of such grammar schooles 
as have been erected, founded, or established in any part of this realme, by the most 
noble princes king Henry the Eighth or king Edward the Sixth, and of the ministers 
and scholars of the same schooles, and to alter and transpose such other statutes and 
ordinances there made heretofore, from tyme to tyme, as to her highnes shall seeme 
most convenient. 

Cui quidem billce prelecte, et ad plenum intellects per dictum dominam 
reginam ex authoritate parliamenti presdicti, sic responsum est. 

La Reigne le veult. 

* The first head or chapter sets forth this commission, &c. Vid. Annals of the 
Bishops vol. i. p. 539. 

f Et magni sigilli nostri Angliee pensione confirmamus, ac pro veris et indubitatis 
ecclesiae cathed. Xti et beatas Marias Virginis Dunelm. statutis haberi volumus, ac 
denique tarn vobis decano et capitulo ceterisque ministris ecclesiee prasdictas quam 
successoribus vestris, quattnus eisdem omnino vos conformetis, prescribimus, ac per- 
petuo observanda tradimus, &c. 

\ The corrections or additions noted under each statute were made 30th Dec. 
1556, but by what authority is not known. 



156 THE CATHEDRAL. 



door, the bells ringing, the dean on his right-hand, the next in 
dignity on his left, conducting him to the high altar, where, 
kneeling, the prayers prescribed shall be used. He is to be re- 
ceived in the same manner when he comes to visit ; but on other 
occasions by the ringing of bells, and without procession. When 
the bishop preaches, or performs divine service, the person whose 
turn ij: should be, is excused. On his reading any of the offices 
on great festivals, the dean on his right-hand, and the person 
next in dignity on his left; or, in their absence, the two next 
superiors shall assist, and attend him from the vestry to the al- 
tar or the throne ; and on other occasions the sub-dean, or the 
person next in dignity, shall minister to him and support his 
book. The dean and the whole choir, coming in or going out, 
ehall bow to him whether he is seated in his stall or throne. 
When the bishop institutes the dean or prebendaries, he is to 
send his letters to the dean and chapter, for induction and pos- 
session. 

CHAP. Ti.-r-Induction and Installation of the Dean. 
The dean is to be installed and placed in his seat in the chap- 
ter-house by the subdean or senior residentiary, where, having 
taken the prescribed oath, both major and minor canons shall 
promise canonical obedience to him in these words : Domine 
decane, promitto tibi canonicam obedientiam tanquam decano. The 
dean's power and jurisdiction is supreme, touching the govern- 
ment of the church. He shall hear all causes relative to the 
chapter, and, assisted with their opinions, determine therein ; cor- 
rect excesses^ and reprehend all obstinate offenders. He shall 
invest the prebendaries in the presence of their brethren, and in 
his and the chapter's name receive the oath prescribed. Being 
superior in authority, all shall stand when he enters or departs 
the choir or chapter-house. He is first in place and voice. The 
ringing of the bells must wait for him morning and evening on 
festivals, when he is to perform the offices ; but not at other times, 
unless he officiates.* On the like days he is to chant the anthems, 
or such of the canons as he shall appoint for that purpose. On 
reading the service he is not to quit his seat. If the bishop is not 
present, it is the dean's office, or, in his absence, the next in dig- 
nity, to pronounce the confession. All the ministers of the church 
shall bow to him in his stall as they enter or depart the choir. 
In correcting excesses, such is the prerogative of the dean and 
prebendaries, on account of their prebends, that they shall not 
be convened out of chapter, because such causes as relate to the 
prebends shall be determined in chapter, by the judgment of the- 

* Nisi cum executor officii fuerit. 



THE CATHEDRAL. 157 



dean and chapter. Prebendaries' servants ought to be corrected 
by their proper masters, unless their offences are heinous, and 
their masters neglect that duty. Leave of absence shall be given 
by the dean to the minor canons and other offices of the church 
for one day, or at most not exceeding eight days ; and in his ab- 
sence, by the sub-dean or senior resident : Absence for any grea- 
ter time shall not be given without consent of the chapter. 
CHAP. III. Induction and Installation of a Prebendary. 

The new prebendary is to produce, and cause to be read in 
chapter, his presentation from the bishop ; and if nothing be 
objected to him, he is to be habited and presented to the dean 
and chapter ; and the dean, or senior in his absence, admits him, 
by the ceremony of delivering a loaf of white bread placed on 
the book of statutes, saying, Nos recipimus te in canonicum et in" 
vcstimus, et tradimus tibi regularis observantly forman in volumine 
isto contentam pro cibo spiritual^ et in remedium laboris refectio- 
nem in pane et vino corporalem. The bread is to be given to 
the poor.* Then the dean or precentor proceeds to install him, 
by placing him in his seat in the church ; after prayers, he re- 
turns to the chapter-house and takes the oath prescribed ; and 
then is saluted by the dean and canons, before which ceremony 
he is not permitted to act in chapter. There are many secrets 
of the chapter, which are not to be divulged, not even to an ab- 
sentee when he returns : particularly those which in discovery 
might prejudice the rights of the church, the chapter, or any 
member thereof. Disputes among the prebendaries, on any 
chapter matters, are to be determined by the chapter ; and they 
are to submit to such determination, without going to law. 
CHAP. IV. Persons to be supported by the Church. 

One dean, twelve prebendaries, twelve minor canons, one 
deacon, one sub-deacon, ten clerks (who may be either priests 
or laymen,) one master of the choristers, ten choristers, one 
master and one under-master of the grammar school, eighteen 
grammar scholars, eight poor men, two sub-sacrists or vergers, 
two to ring the bells and look after the clock, two porters (one 
of whom shall be a barber,) one baker, one under-baker, one 
cook, and one under-cook ; the whole number eighty-six. 
CHAP, V. The Dean's Qualifications. 

The dean shall be a priest, doctor in divinity, bachelor in di- 
vinity or doctor of laws, of sound faith, good life, and under no 
imputation of heresy ; to be nominated by the crown by letters 
patent under the great seal, and presented to the bishop, on 
whose mandate he is to be. received and installed, and put in 

* Decanura sordide parcura casiigabit episcopus Dunelm. 



158 THE CATHEDRAL. 



possession of his deanry by the prebendaries present, the sub- 
dean or senior residentiary giving him the following oath. 
CHAP. VLTJie Dean's Oath. 

Ego (A) qui in decanum hujus ecdesice catJiedralis Dunelm. 
electus et m&titutus sum, Deum tester, et per IKZC sancta Dei evan- 
gcliajuro, quod pro virili med in liac ecclesia bene et Jid$iter re- 
gam et gubernaboy juxta ordinationes et statuta ejusd. ct quod 
omnia illius bona, terras, et tenementa, reditus, possessiones, jura, 
libertates ct privilegia cater asque res universas, tarn mobiles quam 
immobiles, et alias omnes commoditates ejusdem ecclesice bene et fide- 
liter custodian^ defendam, et servabo, atque ab aliis similiterjiei i 
curabo, ad hac omnia et singula statuta et ordinationes hujus eccle- 
site quatenus me concernunt, bene etjideliter observabo, et ab aliis 
quatenus eos concernunt, studiose observari procurabo / sieut me 
Deus adjuvet, et Jicec sancta Dei evangelia* 

CHAP. VI L The Dean's Duty. 

As the eye of the body, he is to look after all the members 
of it, that they do their respective duties; he is to keep a regu- 
lar family, and live according to his dignity, or be reproved by 
the bishop,* if he lives sordidly; of which fault if any of the 
prebendaries are guilty, he is to reprove them, and also touching 
other duties required by the statutes. He is to take care of the 
treasure,f ornaments, utensils, writings and records of the church 
(\ ac in cerario locisque aliis ad ea specialiter deputatis, prout 
illius judicio pro tempore tutissimum videbiter) that they may be 
all preserved for his successor. His consent is to be had, in all 
elections to offices and places, in setting fines and letting lands, in, 
bestowing benefices, in the confirmation of any deeds of indenture 
and other writings, if he is within the realm; if not, then by his 
deputy lawfully constituted, who mustbea member of the chapter. 
CHAP. VIII. Survey of the Lands, and holding Courts. 

The dean, or, being prevented, one deputed by him and the 
chapter, shall once a year, or if need require, more frequently, 
survey all the manors, lands, tenements, houses, buildings, ap- 
propriated churches, woods, underwoods, and trees, belonging 

* Biscuits are distributed to the populace, the remains of the ancient custom of 
sweet bread on high festivals, perhaps originally derived from heathenish rites. 

j- Jocalia ornamenta ecclesias vasa aurea et argentea supellectilem omnem, &c. 

| FIRST CORRECTION, " In a place which, in his and the chapter's judgment, 
shall be thought most secure" 

CORRECTION, " That none of the writings may be lost, if the dean or any of the 
prebendaries take any charters, $c. out of the treasury f which is not to be allowed but 
upon urgent necessity for the use of the church, J they are to leave a note under their 
hand for what they take out, and restore it at the time appointed, otherwise they are 
punishable by the loss of their quotidians, or in a greater degree if obstinately refusing- 



THE CATHEDRAL. 159 



to this church, and order necesary repairs or new houses to be 
built; and the condition of such estates and houses is to be re- 
ported in writing within eight days after such survey, wherein 
the receiver (if convenient) shall be one, or, in his absence, one 
of the prebendaries to be deputed; also the senescal or clerk 
of the courts shall attend and hold the courts, and assist with 
their counsel. The courts are to be kept once a year, beginning 
after Easter, and again, (if occasion) after Michaelmas. The 
dean upon such survey to be allowed six shillings and eight-pence 
a day for his expences, and the receiver four shillings. As in 
these statutes mention is often made of the Chapter we declare, 
that under that title shall be understood one half of the preben- 
daries at least ; and those only shall be deemed acts of the Chap- 
ter where at least that number, who are intra septum ecclesia, 
are present at the making thereof. The yotes of absentees shall 
not be admitted: but if any one is sick within the college, he 
shall not be deemed absent, but under his hand may give his 
suffrage on being consulted by the dean or one of the preben- 
daries. 
CHAP. IX. Concerning the Woods, and letting the Lands, fyc. 

to farm. 

The dean shall not sell or give away any wood fit for timber,* 
or let or lease out for term of years any of the lands,, tenements, 
tithes, &c. without the advice and consent of the Chapter :f but 
he may on his visitation, assign to the tenants, wood for ne- 
cessary repairs of their tenements ; and also let or lease Out the 
lands, tenements, tithes &c. from year to year, and at will, ac- 
cording to the custom of the manors ; for doing which, such ad- 
vice and consent are not requisite. Care is to. be taken that 
the several woods be sufficiently fenced, that they may not be 
croptby cattle: And as (this article declares) great part, of the 
riches of the church consists in woods, when there is d fall of wood 
for the repair of the church or any other buildings, it must be 
conducted under the inspection of the supervisor (the dean or 
receiver) or one of the prebendaries, or some person specially 
deputed and sworn to that duty, and no part thereof shall be 
sold, except the bark and tops not fit for timber; and'the felling 
of such wood shall be at a proper season, to cause a new spring 

* CORRECTION, -" The dean, on his visitation, with the consent of the receiver 
and treasurer, or one of them, shall assign wood to the tenants for the necessary re- 
pairs of their tenements." 

f CORRECTION, " The dean may let out those lands and tenements (sive bondagia 
s'lve contagia (edifica in urbibusj which anciently were not demised hy indenture, but 
at will only, after the old mode, for which such advice and consent is not requisite; 
so as the ancient tenure and custom of the premisses be not altered, or their annual 
rents diminished. 



160 THE CATHEDRAL. 



unless occasion requires it to be cut at another time. Tallies 
or a written account shall be kept by the wood bailiff of the number 
of trees felled, and for what use, so that, at the annual audit, the 
Chapter may see the state of their woods. If by agreement any 
wood is given to the tenants for firing, it shall be that which is 
decayed, dried, and unfit for timber. No lands or tenements 
shall be leased for a longer term than twenty-one years, and no 
reversion granted, till within seven or eight years at the furthest 
of the expiration of the existing lease, and then the demise is not 
to exceed twenty-one years at most. There shall be no leasing 
from three years to three years, or from term to term, beyond 
twenty-one years; neither shall there be any covenant or agree- 
ment for renewing such lease when it expires. And all collusi- 
on and fraud in demising the church lands is prohibited.* But 
it is allowed, that all houses in towns and villages may be leased 
for fifty or sixty years at most. The tenants shall pay their 
rents to the receiver or his deputy within the precincts of the 
church, find one or more sureties for performance of the cove- 
nants and agreements in their leases, and on the death of any 
such surety to provide a new one, within one month, upon pain of 
forefeiting the lease. The body are totally prohibited alienating, 
mortaging, selling, changing or pledging any of the manors, 
lands, rents, tenements, or other immoveable possessions of the 
church, pinguescere enim hanc optamus ecclcsiam, non macrescere, 
is the expression of the commissioners. No suit shall be com- 
menced or prosecuted touching the possessions of the church, 
without consent of the chapter. The dean or his procurator if 
absent, with the chapter,f shall present to their livings and 
ecclesiastical preferments. The granting of the next turn to 
any living before the same is become vacant, is prohibited, unless 
on some very urgent occasion, or in favour of some person of 
distinguished worth, to whom the grant shall be personal and 

* CORRECTION. It is ordained, that no manors, lands, &c. (sahnce, molendina, 
minerce carbonum vel metallorum rectorice ecclesiarum appropriatarum decimee, fyc.) 
shall be demised to any person beyond the term of 21 years, nor any reversion granted 
until within two or three years at the utmost of the expiration of the former lease, and 
if the existing lease is not delivered up to be cancelled, the remaining years therein 
shall be deducted from the new term. If any money is received from the tenant on 
such demise, besides seal fees, all such money, and other casual profits arising from 
the premisses, which are not specially ordered by these statutes to be otherwise applied, 
shall go to the common use of the church, in support of the ordinary expences, and 
shall not be converted to the private benefit of the dean and chapter or any of them. 

f Sine. &c. What is the intention of this Sine, &c. is not in our power to con- 
strue ; or whether it should be Sive, &c. In several of the English entries it stands 
thus, but in the Latin copies of the statutes it stands,J Cum capitulo conferendi et 
episcopo* 



THE CATHEDRAL. 161 



not general, so that if he dies before a vacancy, the right of pre- 
sentation shall revert to the chapter, 

CHAP. X. -Delivery of the Goods, fyc, to the Dean. 

This chapter prescribes the manner of delivering over to the 
dean all the jewels, plate, treasures, ornaments, and other valu- 
able effects belonging to the church, the care whereof are com- 
mitted to him, and which are to be specified by inventory and 
indenture. 

CHAP. XL The Dean's Attendance. 

It is ordained, that the dean shall constantly reside at the 
deanry, without some lawful excuse ; such as attendance on the 
king or queen as chaplain, and that so long only as the duty 
requires; on any negociation of the crown, business of the 
church, attendance on parliament or the convocation, involun- 
tary imprisonment, and great sickness, whereby he is prevented 
returning to the church :* During such his absence, he is to be 
deemed present with regard to profits and emoluments,-)- on in- 
forming the chapter of the cause; but shall not be entitled there- 
to, if absent on any causes than those assigned, and for longer 
time than prescribed by this statute. The dean may be absent 
one hundred days in the year, in the whole, together or at sepa- 
rate times, on his private affairs. 

CHAP. XII. The Prebendaries' Qualifications, fyc. 

In this statute the right of nominating prebendaries is reserved 
to the crown.J Each shall be a priest, of sound faith, without 
any imputation of heresy, of fair character and good life; either 
doctor or bachelor in divinity, doctor of laws, or master of arts, 
or at least bachelor of laws. To take the following oath before 
the dean or sub-dean and chapter : Ego (B) qui in canonicum 
hujus ecclesiae cathedralis Christi et Beatce Maries Virginis 
Dunelm. nominatus, electus et institutus sum, (tactis sacrosanctis 
Dei evangelits) Juro, quod pro virili mea, terras, tenementa, red- 
ditus possessions, jura, libertates et privilegia, ccerasque res uni- 
versas hujus ecclesice tuebor, servabo et servari procurabo ; et omnia 
smgula statuta ac ordinationes hujus ecclesia (quatenus me concer- 
nunt ) fideliter observabo ; et'ab aliis, quantum in mefuerit, obser- 
vari curabo : Nee quod ad utilitatem et honorem hujus ecclesice 

VOL. II. X 

* The like indulgences are extended to the prebendaries, by chap. xiv. But the 
modern custom of spending half their days in London, &c. and squandering their 
revenues at a distance from their estates, was not in fashion in those days. Pan cu- 
rat oves otium cum dignitate / See Angl. Sacra, vol i. p. 739. 

f " In omnibus tamen commodis et emolumentis ratione corporis decanatus siri 
et quotidianarum distributionum, &c." 

\ See vol. i. p. 538, where this patronage is granted to the bishop. 



162 THE CATHEDRAL. 



legitime Jieri potest, sciens impediam, sed illius commodo et honori 
semper studebo. Approbatas et approbandas hujus eccle&ice con- 
suetudines (prout eas didicero) observabo. Prteterea, obediens 
ero decano et capitulo in mandatis licitis et canonicis, et quod se- 
creta capituli illicite non revelabo. Et si me posthac officium ali~ 
quod in ecclesia hac gerere contigerit, illud bene et Jideliter pro 
viribus cxequar. Hose omnia et singula pr&stabo, sicut me Deus 
adjuvet, et htec sancta ejus evangelia. The dean shall take his 
oath before the chapter, the major and minor canons before the 
dean and chapter, and all the inferiors before the dean and treasurer. 
CHAP. XIII. -Obedience to the Dean. 

All ministers, &c. of the church shall be obedient to the dean 
as their head and leader, in his absence to the sub-dean, and in 
both their absence to the senior residentiary. 

CHAP. XIV .The Prebendaries' Attendance. 

They are allowed eighty days absence to look after their livings 
and other business, and the same indulgencies as before granted 
to the dean.* If any of them shall preach within twelve miles of 
the cathedral, he is to be allowed the emoluments of one day, as 
if present ; and if above twelve miles, two days, or at the most 
three. If he is longer absent, without the excuse of preaching 
or the causes before stipulated, he shall forfeit his profits.f A 
third part of the prebendaries at least shall be constanty resident ; 
or those who are absent, without the causes allowed, shall not 
have their share of quotidians and dividends for the time of such 
absence.^ 

CHAP. XV. The Dean and Predarief Preaching. 

The dean and predendaries shall be diligent in preaching, as 
well in the country as in the cathedral church. The dean shall 
(per se aut per aliumj preach in English in the cathedral on 
Easter-day, Corpus Christi and Christimas-days ; and likewise 

* See chap. xi. 

f CORRECTION. These one, two, or three days, are by this correction extended 
without limitation, if the preacher satisfy the dean and chapter every quarter how 
often and where he preached, so that at the end of the year it may appear whether 

each has performed his statutable duty. The dean may preach his sermons, either 

on the statutable days, viz. Easter-day, Corpus Christi, and Christmas-day, or on 
their octaves, if there happens a greater concourse of people. 

^ By a note to the MS. copy before us, it is observed. " By this it seems to be 
implied, that those present should have all forfeitures of quotidians divided among 
them : And this appears to be the foundation of the custom of those who are present 
the whole year (saving statutable days of absence) having the forfeitures divided 
amongst them. If there are four prebendaries constantly here, and whilst there arc 
so many, the forfeitures are to be divided amongst all, in proportion te their days of 
being resident. 

The observation of Corpus Christi- day being laid aside, the other two are only 
days of duty. 



THE CATHEDRAL. 



twice in the year within the diocese, at different places. The 
prebendaries shall each preach four times at least in the year, in 
the cathedral, on Sundays or other festivals, if agreeable to the 
dean ; that is to say. once a quarter, between the respective 
quarter-days of Christmas, the Annunciation, John Baptist, and 
Michaelmas-day, according to the priority of their stalls ; under 
a mulct of 20s. to be paid towards the common stock. When the 
bishop chuses to preach, the dean or canon whose turn it was 
shall be excused. 

CHAP. XVI. Residence of the Prebendaries. 
All the prebendaries shall live in the college distinct, and lodge 
there. If any of them has not 401. a year clear income, besides 
the stipends of this church, he shall not be obliged to keep house 
or observe hospitality ; but may live privately at his own house, 
or eat at the table of the dean or some of the prebendaries, whe- 
ther in or out of residence, or at the table of the minor canons 
within the precincts of the church : If there should happen to be 
three of this condition, they may keep one table among them, and 
using hospitality, shall be reckoned only as one holding resi- 
dence, and out of the common stock are to receive the share but 
of one.* Those who have not a common table, but live either 
privately or at the tables of others, are prohibited having any 
share of the common stock, which accrues from the absence of 
the dean and others, and the seal-fees. The deans and canons, 
who, exclusive of the stipends of this church, have 401. a year 
clear yearly value, for the time they stay are obliged to maintain 
a family ancl keep residence and hospitality ; otherwise they shall 
be deemed absent, and bear the mulct of an absentee, in forfeit- 
ing the quotidians. Those who do not live within the precincts, 
or when they come do not continue twenty days together, are 
excused keeping house for so short a time. In division of the 
common stock, the dean shall receive double the portion of a pre- 
bendary. At the end of each year, about Michalemas, a divi- 
dend is to be made to the resident dean ancl prebendaries, accor- 
ding to the number of days they were resident, and not other- 
wise, as before prescribed. Whoever designs to keep residence, 
shall come to the chapter and declare the day he begins such 
residence, which is to be entered in the registry, that there may 
be no dispute among the brethren about time. Those who keep 
residence, are such as for twenty-one days together in every year 

2v 2 

* COMUBCIION.- Two prebendaries having between them sS60. a- year clear in- 
come, besides the stipends of this church, may hold residence, be deemed oue resi- 
dentiary, and as such have the portion of one out of the common stock. 



164? THE CATHEDRAL. 



are present at divine, service, as the statutes, direct, and keep 
house. They shall give notice to the chapter when they begin 
their twenty-one days, during which time they shall entertain in 
a more liberal manner than the rest of the year, receiving the 
choir, and inviting the citizens and strangers to their table, as 
becomes those that keep hospitality. Two or more must not 
hold residence together, but one after another, and when it is 
most convenient to each, unless some urgent cause (approved by 
the dean or sub-dean and chapter) prevents. Every residentiary 
who holds residence for the whole year, shall twice a year en- 
tertain the whole choir, and the eight poor men belonging to 
the church at different times, not more than six together et se- 
mel tantum in die. But if he is not resident the whole year, then 
it shall suffice that he entertains the choir only once a year, in 
manner before mentioned. If any one is invited and doth not 
come, the residentiary is excused asking him again ; for whoever 
is invited is presumed to be at the table. Those that neglect the 
performance of any of these ordinances may be punished by the 
dean, or in his absence by the sub-dean, by withholding the 
monthly allowance, or by an arbitrary mulct. As to the three 
allowed to hold residence together they shall all be present; un- 
less on some urgent occasion one is obliged to be absent, and 
that not above ten days ; and they shall keep their table at a 
joint expence, otherwise they shall not be deemed as one resi- 
dentiary, except only where any of them is so ill he cannot pos- 
sibly attend.* The dean, for the benefit of the country air or re- 
freshment, or other cause to be approved by the chapter, shall 
have liberty to retire to his manor of Beaurepaire for forty days 
in the year, over and above the days of absence before allowed 
by these statutes,f without losing his usual perquisites, in case 
he attends the business of the chapter, and holds his residence 
within the precincts of the church for twenty-one days, as before 
. stipulated. 

CHAP. XVII. The Dean and Prebendaries' Stipends. 
That the dean and prebendaries may be better enabled to keep 
hospitality, the dean shall annually receive from the treasurer 
pro cor pore deCanatus t 401. Is. 3d. and each prebendary 8.1.. 4s. 
9^d. The dean shall further receive from the treasurer for every 
day he attends prayers morning and evening, and the statutable 
days of absence 12s. 5d. and each, prebendary 16 Jd, Those are 
deemed to be present at prayers who come into church before 

* Morbo laborct sontico, morbus sonticus, yerbum Plinii. A grievous, dangerous 
disease, such as in the Roman laws was sufficient excuse for non-appearance. 
f See chap, xi p. 161. 



THE CATHEDRAL 165 



the end of the first psalm, and do not depart (but on urgent ne- 
cessity) before the service is concluded. All stipends are to be 
paid quarterly, at the four great quarter days, except the money 
which accumulates in each year, from forfeitures by absentees, 
mulcts, and seal fees, which shall be collected in the following 
manner: The precentor is to mark the days of the dean's 
and each prebendary's absence above the statutable allowance ; 
for each day the dean shall forfeit 12s. 5d. and each predendary 
16^3. to be retained by the treasurer; which accumulation ap- 
pellavimus communam dividendam. Further to enable them to keep 
hospitality, (rem Deo et hominibus longe gratissimam) particular 
lands, &c. are assigned, as set forth in the next chapter, which 
they may occupy or let as they think expedient, so as they pay 
the reserved rent at the usual times, and keep the houses in re- 
pair at their expence, except main-timber : The dean and chapter 
shall be judges of the repairs wanted, and on neglect cause them 
to be repaired at the parties expence. None of the canons shall* 
sell or let to farm any of the possessions belonging to the church 
to any one, even a brother canon, without consent of the dean 
and chapter, under the penalty of forfeiting the whole value of 
the thing sold, or the profits of the land when lawfully convicted. 
On the death or removal of the dean or prebendaries, from the 
day of that event to Michalemas next following, the profits of 
the corps lands, &c. and all moveables, shall be at his, or his 
executors disposal. If any such prebendary doth not reside, and 
keep hospitality, the dean, with the consent of the chapter, may 
let the lands, &c. so assigned from year to year and at will ; so 
that the said prebendary or his successor afterwards keeping re- 
sidence, may not be deprived of the profits of those lands, &c. 
longer than a year.f 

* CORRECTION, Neither the dean, nor the dean and chapter, shall let to farm, ei- 
ther from year to year, or for a term, the lands, &c. assigned to the dean and preben- 
daries in augmentation for their residence; but they shall remain in his occupation 
to whom they were assigned, or his assignees to his use, whether he is resident in the 
college or not, so that he pay the out-rent as before mentioned, and keep the tene- 
ments in repair; so that the same prebendary or his successor, when ever afterwards 
he thinks proper to reside, may not lose the profits of the lands, &c. 

" f Here is no mention made of the stipends or dividends belonging to the exe- 
" cutor of the deceased till Michaelmas ; and therefore according to the 16 Cha. they 
are to be divided a vacatione from the time of his death, inter residentes, though 
' before he died he kept the twenty one days residence : But if he did not keep resi- 
' dence, his stipends and share of the dividends belong to the rest. It was moved in 
' full ckapter, 1725, whether the successor keeping residence, the predecesor had 
' omitted, had not a right to the stipends and dividend for the whole year till 
1 Michaelmas ; upon which they came to no resolution, being equally divided, four 
c that he had a right, and four e contra." 



166 THE CATHEDRAL. 



CHAP. XVIII. Lands, fyc. assigned to the Dean and Prebenda- 
ries. 

Lands assigned to the deanry are, the manor and park of Bear- 
park (Beaurepaire), with Herber-close, and three arable closes 
near Stotgate, Alansford, with Shipley and Whitwell, North and 
South Revensflat, with Summer Pasture and Holme ; the tithes 
of the rectories of Billingham and Merrington, and of the villa- 
ges belonging to them.* 

* CORRECTION, Since the tithes of two churches are assigned to the dean, by way 
of augmentation for hospitality, and none are given to the prebendaries, therefore 
we consent, that the dean and chapter, on consideration of this matter in the chapter- 
house, may assign one or two portions of tithes to each prebend, which portion the 
prebendary for his time shall retain to himself, for his own use, on the same condition 
that he holds the other lands belonging to his prebend. 

Actes in Domo Capitulari Dun. xx. die Julij. 1567. 

MEMORAND. The daie and yeare above written, it was and is ordeined in the 
chapter house, That whereas in the daies and tyme of Mr Raphe Skynner, deane, it 
was agreed by the said Skynner and the chapter, that everrie prebendarie should have 
certeine tiethes and certen other landes annexed to him for the augmentinge of there 
severall prebends, the same articles shal befurthwith noted in some booke of register 
or memorye. 

William Bennett, sen. resident. 

Rob. Swift. Joh. Rud. Joh. Pilkington. 

Adam Holyday. Wm. Stevenson. Geo. Cliff. 

per annum. 
Imo. Canonicatui assignatae sunt Decimae Garbarum de 7 

North Sheereburne infra parocham de Pittington. $ T1J * 
Decimae de Northe Pittington ibidem ivjs. viijeJ. 
Decimae de Hett super montem xxxiij*. iiijrf. 
Decimae de Crokehall infra parochiam Sti. Oswald! liijs. iijrf. 



Summa xiiij/. iijs. 



2do. Canonicatui assignatse sunt Decimse de Coldhesseldon 7 . 

infra parochiam de Dalton, per annum $ 

Decimae de Eden infra parochiam de Hesseldon iijj. 

Decimae de Hardwicke infra parochiam de Hesseldon xls. 
Decimae de Red worthe infra parochiam deHeighingtoniiij/. 



Summa xiiijf. iijs. 



3tio. Canonicatui Decimae Garbarum de Aikliff assignatae ixl. 

Decimas Garbar. de Brafferton in par. de Aikliff iij7. vijs. viijrf. 
Decimae de Scholl Aikliff infra par. de Heighingtonp.a.xls. 

Summa xiiij/. vjs. viijd. 

4to. Canonicatui Decima? Garbarum de South Pittington xls. 

Decimae Garbarum de Shadforth in par. praed. vij^ vjs. 4d. 

Decimae de South Shereburne ibidem iijJ. x^. 

Decimae de Hagghouse infra par. Sti. Oswald! p. ann. xxvjs. viiid. 

Summa xiiij/. iijs. iiljd. 



THE CATHEDRAL. 167 



The lands assigned to the first prebend are, half of the manor, 
&c. of Elvet-hall, commonly called Hall-garth. 

^to. Canon icatui Decimae Garbarum Fasni et Canabi de 7 

Shinkliff V 

Omnes Decimae de Aid Durham infra cad. paroch. iiij7. iijs. 4d. 



Summa xiiij/. 



6to. Canon. Decimse Garbar. ville de Hesseldon una cum 

Decimis Manerij ibidem 
Decimae de Sheraton ibid. ' iiijf. 

Decirnae de Dalton in par. de Dalton xb. 



Sumrra xiiij/. 



Canonicatui Decimse Garbarum de Wai worth infra 7 
parochiam de Heighington per an. 5 
Decimae Garbar. de Preston infra paroch. de Aikliff iij/. xiijs. 
Decimae Garbarum de Ketton ibidem iij/. vjs. 
Decimae de Magna Ricknell ibid. tiijs. 



parochiam de Heseldon per ann. j V11 J 

Netherheworth infra par. de Jarrowp. a. xxxs. 
Decimae de Suddicke infra par. de Weremouth v/. vjs. 



Summa xiiij/. xiij*. iiijd. 

7mo. Canon Icatui Decimae Garbar. de Harton infra par. "I .^ 

de Jarrowe J 

Decinaae de Wallsend infra eand. " iij/. xiijs. iiijrf. 

Decimae de Wardley et Felling infra ead. xx$. 



Summa xiiij/. xiij. iiijcf. 

9no. Canon. Decima; Garbaram de Heighington per ann. xiijJ. vjs. viijrf. 

Decimae de West Thickley ibidem xxs. 

Summa xiiij/. vJ5. 
xmo. Canon. Dicimas Garbarum de Huton et Hulam infra 



Summa xiiij/. vjj. viijd. 



ximo. Canon. Decimae Garbar. de Morton infra par de Dalton v/. vj*. viijd. 

Decimae Garbarum de Cedlington in JNorthuinbr. ix/. 



Summa xiiij/. vjs. viijrf. 

xiimo. Canon. Decimas de Westo infra par. de Jarrow p. a. vij/. xvim. vjd* 

Decimae de Willington in eadem iij/. xiijs. iijrf. 

Decimas de Monkton ibid. \ s . 

Decimae de Sheilhughe ibid. _ xxjj. 

Summa xiiij/. iijs. iiijrf. 



[See the confirmation in Dean Whittingtons time.'] 



168 THE CATHEDRAL. 

To the second prebend, the other half of the manor of Elvet- 
hall. 

To the third, the manor of Sacriston-hugh, and a close called 
Holcrofte. 

To the fourth, the manor, house, and farm of Witton- Gilbert, 
Newhouse, and Underside. 

To the fifth, the third part of the house, manor and park 
of Muggleswick. 

To the sixth, another third part of that manor and park. 

To the seventh, the house and demesne lands of the manor of 
Finkell, with the mill and pond there called the Dam. 

To the eighth, the remaining third part of the house, manor, 
and park of Muggleswick. 

To the tenth, the mansion-house, garden, farm, lands, and 
tenements of South Pittington, the close called Pond Garth and 
Pulter Close. 

To the eleventh, the manor of Ho ugh all. . 

To the twelfth, the manor house of Bewley, with the demesne 
lands and farm thereto belonging. 

All woods, mines, and quarries within each corps lands, are 
excepted and reserved for the common use and necessaries of the 
church, and each pay therereto the annual sums following, (viz.) 



. s. d. 

The deanry 1040 

First and second 

prebend 13 4? 

third 15 10 

fourth 10 



. s. d. 
eighth prebend 079 
ninth 104- 

tenth 13 4 

eleventh 500 

twelfth 234 



fifth and sixth 015 7 
seventh 198 

CHAP. XIX. Election of Officers. 
Commanding belongs alone to the dean, or in his absence to 
the sub-dean or senior residentiary ; and to the canons present 
the power of reproving.* The dean, or, he being out of the 
realm, the sub-dean, with the chapter assembled, shall yearly on 
the 20th day of November, with the consent of the chapter, elect 
out of the body a vice or sub-dean, a treasurer and receiver ; 
which officers the nominees shall not refuse under the penalty of 
losing all his emoluments for that year. The dean shall be pre- 
sent at such election, if within the realm ; but if any lawful cause 
prevent his attendance on the 20th of November, he shall have 
power to change the day of election, and appoint another be- 
tween Michalemas and the end of the audit, giving a week's no- 

* Modesta admonitio. 



THE CATHEDRAL. 169 



tice to the absent canons that they may attend. If upon the first 
or second scrutiny the members cannot agree in the choice, the 
election shall fall upon such as the dean, or, he being out of the 
realm, the vice-dean, and five of the canons present shall nomi- 
nate;* but if only eight of the canons or fewer be present, then 
the dean or vice-dean and four canons shall make the election : 
Buc if they cannot still agree, the descention shall be ended by 
the bishop's visitorial authority, who, under canonical censure, 
shall compel them to finish the election.f The same order is to 
be observed in the annual choice of a precentor ami sacrist out 
of the minor canons. 

CHAP. XX. The Sub-dean's Duty. 

The sub-dean, in the absence of the dean, or the deanry being 
vacant, shall preside and have the care of the church, and see 
that divine offices are duly performed, correcting all omissions 
and negligencies, and discharging the dean's duty, touching the 
affairs and rules of the church, as if he was present, except only 
in such matters where the dean's special assent (or of his proctor 
in his absence) is required. The deanry being vacant, the sub- 
dean and chapter shall not put the common seal to leases of lands 
or other things ;J or to benefices, advowsons, donations, or offi- 
ces; or to confirmations of any deeds, except letters of proc 
torship and attornies, where the affairs of the church or lawsuits 
require the same to prevent injury and delay. The sub-dean 
shall take the pre-eminence due to the dean, and as being supe- 
rior, he shall be more diligent and circumspect in the affairs of 
the church ; that, together wiih the dean, he may appear like 
the father of the house: And when the deanry is vacant, he 
shall have full power to regulate and govern the church, and do all 
things therein (savethoseexcepted) according to the statutes, un- 
til a dean is elected and installed, he being first sworn duly to 
perform his office. 

CHAP. XXI. The Beceiver-General 1 s Duty. 

He is to collect and receive all money, rents, and revenues of 
the church, as well of spiritualities as temporalities ; and the 
same, when received, is within twenty-eight days after to be duly 
paid over to the treasurer for the time being. He shall diligent- 

vcrr. ii. Y 

* CORRECTION, " If there be but ten prebendaries, and no more present, then he 
4< shall be elected whom the dean, or (he being out of the kingdom) the sub- dean 
" and five of the prebendaries present shall name." 

J" " Concorditer" in orig. 

I " Aut faeodi concessionibus" in orig. 

It seems that if all the prebendaries are present, the dean must have six with 
him to make an election, and so has only a casting vote. 



170 THE CATHEDRAL. 



ly look after the estates of the church, and direct the necessary 
repairs of houses, unless some fitter person be particularly ap- 
pointed. He shall do all things prescribed by the dean relative 
to the lands, tenemenis, and courts. His stipend being 6l. 13s. 4d. 
yearly, he shall put the church to no further charge, except 4s. 
a day allowed him when keeping courts, and such charges as 
are before stipulated touching the conduct of other affairs of the 
church. He shall be sworn duly to execute his office, and faith- 
fully observe all things ordered by the dean and chapter touch- 
ing the collection and receipt of arrears, the churches security, 
indemnity, and advantage, and due paying over the money be- 
longing thereto. 

CHAP. XXII. The Treasurer's Duty. 

The treasurer shall pay all the stipends as by the statutes are 
appointed, and also the dividend. It is his duty to repair the 
church and houses of the ministers (except those of the dean and 
prebendaries) within the limits thereof,* with the consent and ap- 
pointment of the dean, or in his absence, of the sub-dean, in case 
the houses are gone out of repair, without the wilful default of 
the party to whom they respectively belong :f But if they are be- 
come ruinous by default, the party shall be compelled to repair 
them. He shall provide necessary ornaments for the church and 
choir. Shall take care of the wood and other materials which 
arc prepared for repairs. When the houses of the dean and 
chapter are out of repair, if on notice the party doth not do what 
is necessary thereto, the treasurer out of the parties stipend, and 
at his expence, at the instance of the dean and chapter, shall cause 
the same to be repaired. The houses of the dean and prebendaries 
shall not be demised, sold, or changed ; any such demise, sale, 
or exchange, if made, being altogether void ; and each person 
shall be content with the house which was first allotted to him or 
his predecessor. Each new elected prebendary shall succeed to 
the house, stable^ garden, and other appurtenances, together with 
the stall in the church and seat in the chapter which his prede- 
cessor held. And no dean or prebendary shall take away from 
his house in the college or country house belonging to his pre- 
bendal lands, any fixtures therein,^ but shall leave them to the 
successor : And the like is respect to the minor canons houses. 

* " Infra septum ecclesiae." 

f " Hoc si propter diuturnitatem & antiqmim, rei vitium (usum) & non per culpa 
illorum sintruinosae." 

f " Scamna, bancos, mensas, tripodes, caelaturas, aut vasa plumbea, et alia utensi- 
" lia, solo tabulata, aut parietibus fixa amoveat," so in the orig. 

The minor canons had houses, infra septum ecclesice ; the precentor and sacrist 
had each a house, which still remain, and are called by their names : So the minor 



THE CATHEDRAL, 171 



It belongs also to the treasurer to attend to the repairs of the 
houses belonging to the chapter within the city of Durham ; 
which repairs shall be made between the 1st day of March and 
Michaelmas, according to the dean or sub-dean's orders ; and not 
later in the year, unless in cases of great necessity, and where, in 
the dean's judgment, delay would be materially detrimental. Bills 
for repairs and other affairs of the church shall not be allowed, 
unless the dean, or, he being absent and not objecting, the sub- 
dean shall certify the same. The treasurer shall have charge of 
of the plate, vestments, and muniments, least the sacrist should 
be negligent; and shall examine them every quarter with the re- 
gister, &c. that nothing be wanting. He shall likewise take an 
oath faithfully to discharge his office. 
CHAP. XXIII. The Qualification, Election, and Admission of 

the Minor Canons, $c. 

The twelve priests or minor canons, the ten clerks, the deacon 
and sub-deacon, (called the gospler and epistler) are to be of 
good name and conversation, of sound faith, and men of erudi- 
tion, with voices and sufficient skill in music to serve in the choir. 
They with the ten choristers, and eighteen grammar scholars with 
their masters, and others the officers of the church, are to be 
chosen by the dean, with the advice of the chapter,* as before 

Y 2 

canonshad probably onehouse among them, each having a camera or cubiculufn assigned 

The answer of the dean and prebendaries to Bishop Cosin's articles of inquiry in 
his second visitation, A. D. 1665. 

For the houses of the petty canons we certified your lordship in your first visita- 
tion, that they were all in these late bad times destroyed. That they were formerly 
but little houses or chambers, made only for unmarried persons, and who had their 
diet in common. That we had already made their places better than when they 
had their old houses and stipends : to which notwithstanding, we have of our own 
accord, and upon public cost, added so much, that we hope in a little time, to see 
three good houses built for them this year, and have found out a good way for sup- 
ply of a fourth ; and as soon as Mr Dury can be removed, of a fifth also, though 
with some charges to repair this. The petty canons'-hail and the guest-hall, since 
the method of hospitality and diet were changed, were of longtime useless and ruin- 
ed in these last destructive times : But yet our design is, by some reparation of walls 
to render the place of the petty canons' -hall more seemly. We found no school- 
house standing, but have built a large one, with addition of divers rooms. In this 
article it appears, that the second, sixth, eighth, and ninth prebend houses were a 
little before rebuilt in whole, or great part, 

One of Bishop Cosin's injunctions at the close of his visitation, 1668, was, that, 
no one should carry any thing through the church ; but that victuals, or any thing 
of that sort should be seized, and carried to the gaol, to be distributed among the 
prisoners. 

It appears both by the visitation papers of Bishop Cosin and Bishop Crewe, that 
sackbuts and cornets were then used in the church music. 

* " Cum consilio capituli." CORRECTION, All these to be chosen by the dean 
and chapter, after the same manner with the sub-dean and treasurer. The grammar 
scholars are to be chosen according to their progress in learning. 



172 THE CATHEDRAL. 



prescribed ; all whom (except the choristers and grammar scho- 
lars) shall take die following oath : Ego (A) in hujus ecclesia 
" Cath, Christi $ beat<z Mariae Virg. Dun in numerum cooptatus, 
"juro, quod quandiu in hoc ecclesia morator, omnes ordinationcs 
" $ statuta ejusdem (quatenus me concernunt) pro meo virili iti- 
" molabiliter observabo erga decanum et singulos dc capitulo in 
" gestuet verbis debitam obedientiam $ reverentiam exhibebo, com- 
" modum fy honoretn hujus ecclesice diligenter procurabo, sicut me 
" ileus adjivoet fy k&c sancta del evangelia" 
CHAP. XXIV The Attendance of the Minor Canons and others. 

The minor canons, singing-men, and all others bearing office 
in the church, shall not be absent a whole day and night, without 
leave of the dean, sub-dean, or senior residentiary, under pain 
of an arbitrary fine. If any of them leave the church, without 
giving three months notice to the dean, or sub-dean, he shall 
forfeit three months stipend : and if absent from morning service, 
shall forefeit a penny ; if from evening service, a halfpenny ; if 
he comes not in before the first psalm, a farthing. If any one 
refuse contemptuously to perform the part the precentor enjoins, 
he shall be fined two-pence. The amount of the forfeitures, at 
the end of every quarter, or at farthest at the end of the year, 
shall be divided by the treasurer, among those who attended 
duly, according to the days of their attendance. The minor 
canons and priests belonging to the church, shall enjoy only 
(quantum in nobis dejuri situm est) one benefice, and that with- 
in twenty-four miles of Durham : And so long as they attend 
the church service, are not obliged to residence. 

CHAP. XXV. The Prtcentor's Duty 

He is to be chosen out of the minor canons, of superior age 
and distinguished conduct and erudition : He shall regulate the 
order of the whole choir ; and boys introduced for the purpose 
of singing shall be examined by him, and others instructed ; and 
he shall direct what shall be performed, and by whom, to prevent 
discord. Not only the minor canons and singing-men are to 
obey his directions, but also the prebendaries, when the solem- 
nity of any festival requires them to perform part of the service. 
He is to note all absentees without partiality, which is to be laid 
before the chapter every fortnight. The power of punishing 
belongs only to the dean and chapter. He is to take care of 
the books belonging to the choir, and in his absence to have a 
deputy, who shall be approved by the dean or sub-dean. He 
shall also take an oath duly to perform his office.* 

* By Bishop Cvcwe'c injunctions in iG85, the dean was not 4o have aixwre thirty 



THE CATHEDRA!,. 175 



CHAP. XXVL The Duty of tJi Sacrist Vergers, and Bell- 
ringers. 

The SACRIST shall be an industrious and faithful person, and 
chosen out of the minor canons. Shall have in charge all the vest- 
ments, vessels, and ornaments of the church, to be scheduled and 
examined therewith quarterly: with the advice of the treasurer 
he shall provide wine, oil, wax, and necessary lights for the 
church. To visit the sick,* and administer the sacrament to 
them, as well as those in health, when need or times require. To 
receive oblationsR and pay them over to the treasurer for the use 
of the church. To take care of the linen, that it be neat, whole, 
and clean, and that the books be well bound and preserved : 
That there be no disturbance during divine service. To take 
care of the school books, that they may be produced yearly be 
fore the dean, to prevent their being lost or destroyed. Also of 
the books in the library, which are not to be lent to any canon or 
stranger without the dean or sub-dean's consent ; and in that 
case, the person to give a note of his name and the book borrow- 
ed, and engage to return it at a time fixed. He is to have un- 
der him two careful, honest men, called SUB-SACRISTS or ver- 
gifers, sworn to be faithful and obedient to him : They are to 
fold up the vestments, light the candles, cover the altar, and with 
a verge go before the bishop, choir, and dean in procession, at 
their going in and out of church : and to perform all such other 
duties as vergers do in other chathedral churches. Every year 
upon the day of election of officers, the vergers are to deliver the 
verge to the dean in the chapter-house, which he is to retain till 
enquiry is made of their past behaviour ; and if found culpable, 
to remove and place fit persons in their room, so that there may 
be no pretence of perpetuity in the office. The same rule to be 
observed in respect to other officers of the church. He shall also 
have under him two other honest men, to keep the floor and 
walls of the church clean ; to ring or cause to be rung the bells, 
at the hours appointed by the dean ; to take care of the clock, 

loads of fire wood, nor each prebendary above five. None to dry linen in the church- 
yard, or to suffer horses to graze there. The treasurer's book, after every audit, was 
to be kept in the treasury, and the treasurer to have a discharge under the chapter 
seal. Sermons in the cathedral every Wednesday and Friday in Advent and Lent. 
That the weekly communion be continued, with jubilation. (This last consented to 
but by four prebendaries.) The statutes to be read over once a year at each great 
chapter. Visitation, 1687. It is left to the liberty of the prebendaries to pray be- 
fore sermon : To pray for the mayor or aldermen, or not to pray for them. They 
are to read prayers on Sunday when in residence, and when my lord is in church. 

By the chapter's answer to Bishop Crewe's injunctions, 1696, it appears their trea- 
sury chest had lately been broken open. 

* Et eorum confessiones audiet ! 



174? THE CATHEDRAL. 



and look after the church. They are to open the church doors 
in the morning before six o'clock, and shut them in winter time 
after service, but in summer not till after the ringing of the cur- 
few;* and not open them again after that time unless upon some 
urgent occasion, lest any thing criminal should be committed 
there. They are to search the church after the doors are shut. 
To take care that the cloisters and other places through which 
any procession is to be made, be perfectly clean ; and to dig the 
graves in the church-yard. When the sacrist, sub-sacrist, or 
bell-ringers, are absent on their lawful occasions, they shall be 
allowed deputies, to be approved by the dean or sub-dean : And 
all be sworn faithfully to perform their respective duties. 
CHAP. XXVII. The Choristers and their Master. 

There shall be ten young boys as choristers, with good voices, 
to serve in the choir ; to teach whom (as well in singing as in good 
manners, besides the number of clerks) a person shall be appoin- 
ted, of good fame and conversation, skilful in singing and in the 
management of the organ: And to encourage his greater atten- 
tion, he shall have leave of absence on ordinary days ; but he 
must constantly attend upon Sundays and holidays to perform 
the service : When he has leave of absence, the pecentor shall ap- 
point one of the minor canons or singing-men who understands 
playing on the organ, to do that office. If the master is negli- 
gent of the boys' health or education, after a third admonition 
to be removed. He shall likewise be sworn to perform his duty. 
CHAP. XXVIII. Tie Grammar Scholars and their Teachers. 

There shall be constantly maintained eighteen poor boys of apt 
parts, whose friends are not able to give them education, but 
not to be admitted till they have learned to read and write, and 
in the dean's judgment, are sufficiently grounded in the first ru- 
diments of grammar: After admission to be maintained by the 
church, until they competently understand grammar, and can read 
and write Latin, for which they shall be allowed four years, or 
with the dean's assent five at the most : None shall be admitted 
above fifteen years of age. The choristers shall not be limited 
to that age, but may be admitted scholars if they are fit: in case 
they have proved themselves particularly serviceable to the choir, 
and skilful in music, they are to be preferred before any others. 
If any one is found dull, and without a taste for literature, the 
dean shall remove him, and appoint another in his room ne ve- 
luti fucus apum mella devoret. The upper master is to be learned 
in the Greek and Latin languages, of good fame, sound faith and 
pious life : He shall not only teach the eighteen boys, but also 
all others that shall resort to his school. The under-master shall 

* Se vol. i. page 125. 



THE CATHEDRAL. 175 



bear the like character : They shall teach such books and rules, 
and follow such order as the dean and chapter (with the bishop's 
assent) shall prescribe. If they prove negligent, or incapable of 
teaching, after a third admonition, to be displaced. They are 
also to be sworn faithfully to perform their duty. 

CHAP. XXIX. The Eight poor Men and their Duty. 

Eight poor men, such as are disabled by war or age, or other- 
wise reduced to poverty, are to be appointed by royal mandate, 
and maintained by the church, and whose duty is to attend di- 
vine service daily, so long as their infirmities will permit them; 
to be assistant to the sub-sacrist and other officers, in lighting 
and extinguishing the candles, and ringing the bells, if able ; and 
to be obedient to the dean or sub-dean and sacrist in all things 
which relate to their duty in the church : For default, subject to 
the dean or sub-dean's reprehension. If they are absent (unless 
prevented by infirmities) they shall be punished by withdrawing 
the stipend, and which shall be divided among those that attend. 
The dean or sub-dean may grant them twenty days leave of ab- 
sence, but not more, without some urgent occasion, to be allow- 
ed of by the dean and chapter. To take an oath for the due 
performance of their duty. 

CHAP. XXX. Of inferior Persons belonging to the Church, 

The dean, or sub-dean in his absence, (with his consent) shall 
appoint two industrious men of good name and approved con- 
duct, to be butler and under-butler : Who, with a cook and un- 
der- cook, are to provide meat and drink for the minor canons' 
table, and those other ministers who eat together in common. 
The porters to keep the keys of the church and college gates ; 
and never to open them in the night time without the express 
order of the dean, or sub-dean in his absence : One of them to 
be a barber, who must shave and cut the hair of all persons be- 
longing to the church, gratis. They shall all be sworn to per- 
form their duty faithfully and personally. 

CHAP. XXXI. Of the Commons. 

The minor canons, deacon and sub-deacon, and clerks, not 
having wives, shall mess together in the common-hall, where the 
precentor (or in his absence the senior minor canon) shall pre- 
side, and the rest shall sit without distinction of place. The 
following monthly allowances to be made ; To the minor canons, 
the upper master of the grammar school, and master of the chor- 
isters, six shillings each, to the deacon, sub-deacon, singing- 
men, or clerks and usher, four shillings and eight-pence, to 
each of the grammar scholars and choristers, three shillings and 
four-pence, to the sub-sacrist, ringers, butlers porters, and 



176 THE CATHEDRAL. 



cooks, four shillings. They had two stewards, one to serve the 
whole year, the other one month ; the first procured wood, coals, 
salt, &c. for the year's store ; the other, the necessaries for every 
month : the first examined the stewards accounts at the end of 
every week, and reported the same to the major part of those 
who lived together, at the conclusion of the year, by a statement 
of the whole expence. Both the stewards to be sworn to the 
due performance of their office. 
CHAP. XXXII. The Minister's Vestments, commonly called 

T ' 9 

JLtvertes. 

The minor canons, clerks, and other ministers of the church, 
choristers, grammar scholars, cooks, and poor men, shall use an 
upper vestment of the same colour. Each minor canon, and 
head master of the grammar-school, shall receive four yards of 
cloth for his gown, of the price of five shillings a yard ; the master 
of the choristers, three yards of the same; the deacon and sub- 
deacon, four yards at four shillings and six-pence : each clerk, 
and the under grammar master, three yards at four shillings and 
sixpence: The other ministers, as the sub-sacrists, bell-ringers, 
butlers, porters, and cook, three yards each at three shillings and 
four pence; the choristers, grammar scholars, and under-cook, 
two yards and a half, at three shillings and four-pence ; the 
poor men, three yards at three shillings and four-pence. The 
dean, or in his absence the sub-dean or treasurer, to give the 
same against Christmass, to be made up by the several parties. 
The poor men to wear a rose of red silk upon the left shoulder 
and never appear in public without their livery gowns. 
CHAP. XXXI1L The Minister's Stipends. 

Besides their commons and vestments the treasurer shall pay 
quarterly to the minor canons and head masters of the school, 

5l y 2s. Master of the choristers, 5l. 7s. Under-master, 

21. 19s. 2d. Deacon 2l. 14s. 8d. Sub-deacon, 21. 14s. 8d. 

Each clerk or singing man, 21. 19s. 2d. Each sub-sacrist, 

21. 18s. Each bell-ringer, ll. 18s. The butler who buys 

the provisions, 8l. 6s. 8d. The porter who is barber, 21. 1 8s. 

The other porter, ll. 18s. The under-butler ll. 18s. 

The cook 2l. 18s. Under-cook ll. 18s. Each chor- 
ister, 15s. Each scholar, 15s. Each poor man yearly, 6l. 

3s. ^d. Sub-dean, 21. 13s. 4d. Receiver, 6l. 13s. 4d. 

Auditor, 6l. 13s. 4d. Treasurer, 2l. 13s. 4d. Precen- 
tor, 21. 10s. Sacrist, 2l. Steward or clerk oi the courts, 5l. 

CHAP. XXXIV. Of Divine Service. 

All the minor canons, the deacon and sub-deacon, the sing- 
ing men and master of the chorsisters, (except when he has leave 



THE CATHEDRAL. 177 



of absence to teach the boys) are to assist every day at divine 
service. They are excused singing the evening service. The 
dean shall perform the service infestis principalibus ; the sub- 
dean in majoribus duplicibus ; the other prebendaries in festis 
duplicibus ; unless there happen some lawful impediment to any, 
when his turn shall be supplied by some one as near the same 
rank as possible : none shall officiate without his proper vest- 
ment ; the dean and canons with their surplices and other habits ; 
the rest of the choir and the boys in surplices. Upon holidays 
both the upper and under-master are to attend morning and 
Evening prayer in their proper habits, the first to sit above the 
minor canons, the other below them. The grammar scholars 
are to be at church on festivals- in their surplices, under the di- 
rection of the precentor. The dean or prebendaries shall not 
detain any of the minor canons, singing-men, or other ministers 
of the church, from divine service upon any account.* 
CHAP. XXKV.Ofthe Treasury, the Seal, and Custody of the 

Writings. 

In the treasury are to be lodged all writings, evidences, books 
of accounts, inventories, and rentals ; and also a chest for the 
security of the church money, wherein shall remain at the end 
of each year, 2001. to answer all incidental occasions, and there- 
in shall be kept a small box for the public seal, which is not to 
be put to any writing until the same is fairly transcribed into 
the register, and therewith examined. The seal fee shall be six 
shillings and eight-pence. The seal shall not be put to any 
blank or writing, without the consent of the dean, under the> 
pains of perjury and perpetual exclusion of him that either does, 
or consents to the doing thereof. In this place shall be lodged 
the statutes, letters patents of foundation and endowment, and 
other muniments and writings of the lands and possessions of 
the church. There shall be three locks to the chest, of differ- 
ent wards, one key to be kept by the dean, another by the sub- 
dean, and a third by the treasurer ; also two keys to the door of 
the treasury, one to be kept by the dean, the other by the treasur- 
er, who are all, or their deputies, to be assenting and present at 
the opening thereof. If one or two refuse sealing such instru- 
ment as is agreed to by the chapter, he or they shall be subject 
to such arbitrary penalty as shall be adjudged by the dean and 

VOL. II. Z 

* In this chapter mass is appointed to be celebrased e-sery 27th day of January, for 
the souls of the king and queens progenitors, and all the foundws and benefactors of 
the monastery. And a solemn procession, with the mass, on the 1st of October, the 
queen's coronation day. The day of her death was likewise to be observed with 
masses, &c. 



178 THE CATHEDRAL, 



chapter, which if he refuses to submit to, is to be declared guilty 
of perjury. No one is to have two keys; and a key-bearer 
going abroad is to leave his key with some canon who is not a 
key-bearer. 

CHAP. XXXVI. Of the yearly Accounts. 
There shall be a place assigned within the limits of the church 
where the accounts shall be made up ; here the bailiffs, collect- 
ors, wood-keepers, officers, and other ministers are to give in 
their accounts : At the same time the receiver and treasurer 
shall deliver in their accounts, before the dean and prebendaries, 
and pay up their balance under the penalty of losing their quoti- 
dians until the whole is paid ; or a severer mulct, if the offence 
appear to merit it. The receiver and treasurer's accounts shall 
be inspected by the dean and chapter twice a year, about Lady- 
day and after Michaelmas, some time before the audit. They 
may, if they think proper, have an auditor, whose salary, besides 
entertainment for himself and one servant, is at most to be 6l. 
13s. 4d. The auditor is to take an oath to discharge his office 
faithfully. The gathering in of the arrears may be assigned by 
the dean to any one of the chapter beside the receiver: And he 
is to pay what he receives within one month to the treasurer, 
and make up his accounts at the end of the year ; and is to take 
an oath for doing his duty. He is to do this business gratis, or 
rnay have a salary assigned by the dean, with the advice of the 
chapter. The account of the goods in use belonging to the 
church, at the same time shall be laid before them ; that if need 
requires they may be removed, and the state of the church be 
known to the dean, or vice-dean and the chapter. 

CHAP. XXXVII. Of Correcting Offences. 
If any of the minor canons, singing- men or other ministers 
and servants of the church, shall be guilty of a small fault, he 
may be punished at the discretion of the dean, or in his absence, 
of the sub-dean : but if of a heinous offence, he shall be expelled 
at the bishop's visitation, and by his judgment and censure cor- 
rected or deprived, and thenceforth shall be immediately re- 
moved ; and previous to the visitation his stipend shall stand 
sequestered. If any of the prebendaries are guilty of any heinous 
crime, as heresy, adultery, theft, perjury, or the like, by which 
the church may come under great scandal, he shall be accused 
before the bishop at his visitation, and under his judgment and 
censure shall, if the offence appears to merit it, be deprived and 
expelled. Whilst the cause is depending before the visitor, the 
dean and chapter shall sequester all the offender's stipends and 
revenues. If any of the poor men offend, he is to be corrected 



THE CATHEDRAL. 179 



by the dean or sub-dean ; and if he remains incorrigible, may 
be expelled by the dean and chapter. 

CHAP. XXXVIIL Of Alms. 

Besides what is allowed to the eight poor men, there is given 
to the church, the annual sum of 86l. 13s. 4d. for the relief of 
the poor, and making and repairing the public bridges and high- 
ways;* of which the sum of 66l. 13s. 4d. shall be distributed 
partly among the poor upon the church estates, least we should 
seem, omnia metere fy nihil seminare, and partly by the dean or 
treasurer, or one appointed by the dean out of the canons, 
amongst the poor and indigent neighbours of the church, or any 
other the dean shall judge necessitous, whose conscience is 
charged coram Domino servatore, with the faithful dispensing 
this charity; and the visitor is to enquire particularly about it 
at his visitation. The special causes which influence the distri- 
bution shall be shewn at the audit. The remaining 20l. assigned 
for making and repairing of the public bridges and highways,f 

Z 2 

* See Rymer's Fcedera, vol. xv. p. 78, 

f By inquisition taken and returned the 4th of May, 1594, upon a commission to 
enquire of charitable uses within this county, the jurors find, that there is assigned, 
limited, and appointed upon the foundation or endowment of the cathedral church of 
Durham, the sum of one hundred marks, by the name of alms-money, yearly to be 
allowed by the dean and chapter there, to be given to the poor ; and likewise twenty 
pounds towards the repairing of highways and bridges within the county and bishopric 
of Durham, which sum hath been distributed by the Right Worshipful l)r Matthew, 
now dean of the church, as by his books, containing the particular distribution thereof,, 
yearly doth and may appear ; a brief whereof containing the gross sum by him so 
yearly distributed, together with the examinations thereof, made by certain her ma- 
jesty's justices in the said county, (as a statute in that behalf requireth) was exhibited 
to her majesty's commissioners, and by them collated with the said books, and to the 
jurors delivered, the tenor whereof is then set forth for several preceding years,, and 
in particular in the year 1592 is the following: 

A note of places as by the dean and chapter are appointed, whereon the arrearings 
of money allowed for repairing of highways and bridges shall be bestowed before the 
feast of St James the Apostle, next coming, after the date hereof. 

First, to the bridge lying in the West Oxes Pasture, in the way to South Sheels, 

forty shillings. Item, to the causeway at Nevill's Cross, twenty shillings. 

Item, to the Waiste nigh the east end of Framwellgate bridge, the ground is in decay, 
thirteen shillings and four- pence. Item, to the high street in Southfield to Dar- 
lington, on this side Coiton Mundeville from the old causeway northward about 

three hundred yards, forty shillings Item, to the street in the North Bailey, called 

Kingsgate, as it lieth down by the North Bailey church-yard, to the postern there, 

ten shillings. Item, to the highway up Crossgate, towards Nevill's Cross, twenty 

shillings. Item, to the highway at Newbridge end, from the causeway there to 

the causeway lately made at the bank side towards Barns, one pound six shillings and 

eight-pence. Item, to the highway towards St Oswald's church, on the far side 

of the water, thirteen shillings and four-pence, Item, to the stairs of Mount Bath, 

thirteen shillings and four-pence Item, to the causeways in Rainton lane, six 

pounds thirteen shillings and fourpence. Item, to Burdon Wood Bridge, two 

pounds six shillings and eight-pence. To Hedworth bridge, one pound. To Auck- 



180 THE CATHEDRAL. 



is to be expended consistent with the judgement of the dean or 
sub-dean and chapter, and to be accounted for at the general audit. 
The bishop is likewise to enquire after this dispensation at his 
visitation. 

CHAP. XXXIX. Of holding the Chapters. 

The dean or sub-dean, with the prebendaries present, shall 
hold a chapter in the chapter-house every fortnight, or oftner if 
occasion requires, to treat of the affairs of the church ; (pie et 
prudenter) and every year there shall be two general chapters, 
one on the 20th of November, the other on the 20th of July ; in 
which whatever is done and agreed upon, not contrary to the 
statutes, shall be obligatory on all that belong to the church. The 
dean and every prebendary is to be present at one of these chap- 
ters, (unless absent as before allowed, upon a reason to be ap- 
proved of by the dean and chapter) otherwise he loses the whole 
money which otherwise would he received pro corpore preben- 
da su<z, for the whole year. 

CHAP. XL. The Visitation of the Church. 

The bishop of Durham for the time being is visitor, who is re- 
quired to see that the statutes and orders are inviolably observed; 
that the goods and possessions of the church, as well spiritual as 
temporal, be in a flourishing condition, and the rights, liber- 
ties, and privileges thereof preserved and defended. The visitor 
may be called in by the dean or two of the prebendaries : And 
once in three years may visit without being called, either in his 
own person, or by his vicar thereto duly deputed, who shall con- 
voke in some proper place, the dean, prebendaries, minor canons, 
singing-men, and all other officers of the church, and interrogate 
them upon any and every the articles contained in these statutes, 
or any other articles relating to the state, profit, or honour of 
the church, and oblige them by virtue of the oath, they have 
taken, to declare the truth touching the matters enquired of; 
and according to what is proved, appoint punishment agreeable 
to the nature and degree of the offence, and as the statutes re- 
land lane, two pounds. To the highway between Cottom and Darlington, one pound 
ten shillings. To Ketton bridge, one pound. To "Wellington mill bridge, two 
pounds. To the highway between Chester and Birtlie, three pounds six shillings 
and eight-pence. To the highway by Driburn, one pound. To Skern Oxen bridge, 
one pound. To Wolsingham bridge, and other places within the county and bi- 
shopric of Durham, where greatest need is, eight pounds nineteen shillings and five- 
pence farthing And further the said jurors cannot find upon this ariicle. 

|?- As the county rates run exceedingly high, this seems to be a fit subject of 
enquiry by the justices in session, whether this twenty pounds has been duly applied 
of late years, for the benefit of the county at large ; it being apprehended to be solely 
appropriated by the chapter to their new bridge at Durham, which they will not allow 
to be a public carriage bridge. 



THE CATHEDRAL. 181 



quire ; and reform and do all things which may seem necessary 
to the rooting out vice, and which of right belongs to the office 
of visitor : And all are hereby required to obey him. No one 
by virtue of his oath shall alledge any thing against the dean or 
canons, or other officers of the church, but what he believes to 
be true, or is derived from public fame or report. The bishop 
or his deputy, with his family or attendants, when visiting, is to 
be entertained once, or at the most but twice, by the dean at the 
charge of the church. If there appears any ambiguity in, or any 
dispute happens between the dean and canons, or amongst the 
canons themselves, touching the true sense and meaning of the 
statutes, which are always to be understood juxta planwn fy 
grammaticalem sensum, it is to be referred to the bishop, and the 
parties shall abide by his interpretation, so it be not contrary to 
the statutes. The visitor is prohibited making any new statutes, 
(hiisce statutis contraria) and shall not dispense with any of them. 
The dean and prebendaries are prohibited receiving any new 
statutes made by others, or any dispensations, under the pains of 
perjury and loss of their preferments for ever. A power is re- 
served to the crown of altering, changing, or dispensing with 
these statutes : and likewise, if thought proper, of making new 
ones. 

Then follow the prayers to be used in the grammar school, 
and by the poor men and others ; after, this subscription, 

NICHOL. EBOR. Electus. 
EDMUNDUS LONDINENS 
CUTHBERTUS DUNELMENS. 
WILLM. ARMISTEAD*. 

* Anthony Salvyn, one of the prebendaries, was sent up as proxy for the chapter 
of Durham, to appear before Cardinal Pole and the queen's commissioners, the 30th 
of Oct. 3 and 4 Phil, and Mary, when the corrective statutes were made. ' Tis said, 
the originals were kept by the cardinal, and by him sent to Rome, for they never 
came back again, and in all probability are now in the Vatican. 

1665, Sept. 12. At a meeting between Bishop Cosins and the dean and chapter, 
it was agreed amongst other things, " That an exemplification of the statutes of the 
*' church should be procured from the Rolls, or the Tower, or any of the king's 
" courts, within a twelve moneth after it hath pleased God to cease the present pes- 
tilence." 

The following is Dr Basire's answer to the chapter, and literally transcribed from 
the original. 

" I took the paines to cause a search to be made in the rolls, but found nothing. 
" The like I did with Mr Dugdale, when he was searching the records of the dio- 
" ceses, and the records of St Paul's church, and to encourage him, gave him a 
" gratuity from the dean and chapter, but sped no better. What may be found in 
" the Tower I know not, having had neither time nor opportunity to search there ; 
" Mr William Prynn (no great friend to cathedrals) being the keeper of these records." 



182 THE CATHEDRAL. 



Facta collatione concordat cum originali libro, apud reverendh- 
simum dominium Reginaldum Cardinalem legatum a latt're, et 
archiepiscopum cantuariemem totius Anglice primatem, remanente. 
An Act of Chapter, 20 July, 1556. 

Considering that this our church, daring the late schism, has 
been spoiled of all its ornaments and much wasted ; and more- 
over, that a very small stipend is assigned by the statutes to the 
ministers of this church, to alleviate which, we the 'dean and 
chapter, by common and unanimous consent, this 20th day of 
July, in the year of our Saviour 1556, in a general chapter held 
at Durham, have ordained and decreed, that whoever after this 
day shall be admitted into the place of canon or prebendary of 
this church, however becoming vacant before he be installed, is 
to pay the precentor three shillings and four-pence; the register 
six shillings and eightpence ; the two vergers four shillings ; for 
bread and wine five shillings ; to the bell-ringers one shilling; 
the chapter of the resident prebendaries one pound ; to the fabric 
and ornaments of the church one pound : And this we will to be 
observed as a local statute of the church for ever. 

The stipends are then stated, as before noted in the 3 3d chap- 
ter, &c. 

Analecto Capitularia ") An account of the practises of the 
Ex Archivis Dunelm. 5 church, about the lands and tithes, com- 
monly called corps and bycorps, lotteries, 

dividends, residence?, &c. since the erection of the deanry : Ex- 
tracted out of the register- books and rentals, &c. supposed to be 
collected by Dr Basire. The original signed P. Smith, register. 

It has been the custom since the erection, to call the lands 
assigned to the dean and prebendaries for augmentation of resi- 
dence and hospitality their corps ; although in our local statutes 
the yeariy stipend of the dean is said to be given him pro corpore 
decanatus sui, and of the prebend aricspro corpore prebendce sua ; 
the word corps being used herein not otherwise, nor bycorps at all. 

Our statutes were made by Queen Mary, in the first year of her 
reign, she being enabled thereto by an act of parliament. The 
former statutes by King Henry VIII. being defective, as in other 
things, so in point of law, as appears by the preamble of that act. 
We have, I suppose, no copy of the old statutes, but by some 
passages in our books, we may think they did not differ much 
from the new, in the matter of corps, and some other particulars: 
Bishop Tunstall having, as it is probable, a great hand in both ; 
and there is a traditional commendation of him for the good ser- 
vice he did the church concerning the statutes. 



THE CATHEDRAL. 183 



But searching into the practice, we find these corps not so 
disposed of for a good while as they are now. At the erection of 
the deanry, although their corps with other lands, were settled 
upon the dean and prebendaries, they came not all of them into 
their hands at the same time, the prior and convent had leased 
out some, as Houghhall and Witton-Gilbert, for forty years, and 
South Pittington for thirty-five years, some two years before the 
dissolution ; for if it had been but one year before, the leases had 
been void by an act of parliament. And King Henry VIII. in the 
interval between the dissolution and erection, had made a grant 
of more of them to several persons for twenty-one years, &c. 

As the remaining part of this account is in no wise interesting to 
the public ; and relates to the private management of the chap- 
ter, we think in prudent to proceed no further therein. 

DEAN WATSON.. 

chaplain to Gardiner bishop of Winchester, was esteemed a warm 
Roman Catholic;* and was a great favourite with cardinal Pole:f 
Continuing dean of Durham until the year 1557, he was made 
bishop of Lincoln by papal provision, the bull bearing date the 
24th of March ; and was consecrated on the 15th of August. 
There is some doubt whether his deanry was then resigned, for 
he wrote himself Bishop of Lincoln, and Dean of Durham, till 
the 26th of September, 1558 : He was removed from the See of 
Lincoln by authority of parliament, in the beginning of queen 
Elizabeth's reign, as being an enemy to reformation, and the 
queen's supremacy over the church ; having threatened her ma- 
jesty with excommunication. :f Becoming highly obnoxious to 
the new principles, he was imprisoned in the Tower of London, 
in 1559, and there remained, or in some other durance in or 
about London, until the year 1580;|| when, together with Jo. 
Feckenham and others, he was sent prisoner to Wisbich-castle, 
in Cambridgeshire, and dying there, was privately buried on the 
17th of Sept. 1584, in Wisbich church, without any monument. 
In his youth he wrote several poems ;f in elder life, being then 
of a sour disposition, as one writer saith.** and learned in deep 

* Coll Eccl. Hist. v. 2. p. 588. f Burnet's Reform. 3. p. 264. 

J Ath. Oxon, v. i. p. 100. Collier ut sup. 

|| Collier. Fasti Oxon. 1559 Grey's notes MSS 1582. 

^ 1 He was given much to poetry and making plays, and gained great commenda- 
tions for his Antigone out of Sophocles by the learned men of his time, who hare 
further avowed, that as George Buchanan's tragedy called Jephtha, hath, among all 
tragedies of that time, been able to abide the touch of Aristotle's precepts, and 
Euripides' examples, so hath also the tragedy of this Tho. Watson, called Absalon, 
which was in a most wonderful manner admired by them, yet he would never suffer 
it to go abroad. Fasti Oxon. Ath. Oxon. v. i. p. 82. 

** Auth. of Execution of Justice in Eng. 



184 THE CATHEDRAL. 



divinity, but surly, with an austere gravity :* He published se- 
veral religious tracts, particularly two sermons, preached before 
queen Mary, touching the real presence in the real sacraments.f 
Pitts gives him the character of a famous preacher, a solid divine, 
and a good poet4 On the 23d of July, 1558, he was succeed- 
ed by 

THOMAS ROBERTSON, 

who was born either at, or in the neighbourhood of Wakefield, 
Yorkshire ; was originally of Queen's College, Oxford, and af- 
terwards of Magdalen College, wherein he had a fellowship : 
Was master of the adjoining school : and about the year 1539, 
was treasurer of the church at Salisbury. It is said the congre- 
gation of Regents were supplicated by him, for admission to the 
reading of the sentences, being then esteemed Flos fy decus Ox- 
onii. In 1540, by the interest of Langland, bishop of Lincoln, 
he was made archdeacon of Leicester, and enjoyed that office till 
the year 1560 : Was some time rector of St Laud's church, at 
Sherrington, in the county of Bucks; and in 1546, was institu- 
ted vicar of Wakefield, on which he resigned his treasurership : 
His character was that of a correct grammarian, and that he 
greatly exceeded his predecessors in the education of his pupils ; 
he added " Quae genus" to Lilly's grammar : In the year 1549, 
we fine him named among those who were appointed by King 
Edward VI. to compose the church liturgy. At the time the 
deanry of Durham was given, the queen greatly respected him for 
his piety and learning, would have nominated him to a bishop- 
ric, which was modestly refused. He was the author of several 
grammatical works ; was ejected from his deanry in 1559, to 
make room for Dr Horn's restoration. On Horn's promotion 
to the See of Winchester, he might have been replaced, on ta- 
king the supremacy oalh, but refused : He resigned his arch- 
deaconry to avoid the disgrace of an ejection, and though a bit- 
ter adversary lo reformation, and busy in spreading his argu- 
ments in Yorkshire, was overlooked, as some thought, because 
of his lameness ; || but Willis^[ says, he was taken into custody : 

* Camden's Ann. Reg. Eliz. 

f Robert Crowley wrote against him, " A setting open the subtle sophistry of 
Thomas Watson, D. D. which he used in his two sermons, preached before Queen 
" Mary, in Lent, 1553, concerning the real presence in the sacraments." Ath. Oxon. 
v. i. p. 190. 

\ Titts de illust Aug. Scriptr. p. 783. 

Vide also Willis Burnet's Reform. 3. p. 264. Godwin de Trsesulibus, &c. 

Ath. Oxon. says 23 July, 1557. 

|| Strype Ann v. i. p. 278. f V. i. p. 213. 



THE CATHEDRAL 185 



What afterwards became of him, our authorities are silent.* 

ROBERT HORN, 

in 1/559, was restored to this deanry, but remained a very short 
time, being made bishop of Winchester, the 16th February, 
1560.f In the same month 

RALPH SKYNNER, 

was appointed dean, and installed on the 5th of March follow- 
ing : He was a student of New College, Oxford ; whether he 
took the degree of master of arts, or of any other faculty, in that 
university,^ is not known, but being elected warden of that col- 
lege in May, 1551, was on that occasion stiled master of arts: 
Wood and others note him as a member of the House of Com- 
mons in the year 1554- : Archbishop Parker recommended him 
to this deanry, and gave him the character of being "learned, wise, 
and expert." || On the 22d of June, 1561, a recantation sermon 
was preached by him at Paul's Cross, wherein he gave warning 
of a note book he had printed, bidding every man take heed of 
it, as very heresy S In 1559, he was appointed master of Sher- 
burn hospital in this county : In 156 1, was made temporal chan- 
cellor : and being rector of Sedgfield, in the same county, died 
there K jS^d was interred on the 21st of January, 1562-3. 

In thi$,(Jfian's time, it was agreed in chapter, that certain tithes 
should be annexed to each prebend ; the same was confirmed un- 
der dean Whittingham, and the argumentation hath continued 
to this time, (see page 166.) To him succeeded. 

WILLIAM WHITTINGHAM, 

on the 19th of July, 1563, who was installed on the 8th of Octo- 
ber.** He was born in the city of Chester, son of William Whit- 
tingham, Esq; by a daughter of Haughton, of Haughton 

Tower : Became a commoner of Brazen-Nose College in Oxford, 
in the year 154-0, being then 16 years of age, where he made 
greatproficiency in literature :ff Having become bachelor of arts, 
VOL. n. 2 A 

* Ath. Oxon. v. i. p. 103. Strype Eliz. p. 244. Fuller's Ch. Hist. cent. 16. 
p. 335. Collier's Eccl. Hist. v. ii. p. 348 Grey's Notes, MSS. 

f Willis, v. i. p. 253. 

He was one of the compilers of the liturgy, v. Sparrow Collect. 137. HeyhVs 
Eliz. 130. He was restored after September 14. Keg. D. and Cha. D. p. 110. 
He is frequently taken notice of in his register, as in remolis agens. He is stiled in 
the register Permissione Divina Decanus, p. 1 14, 116. The first time he appeared 
in the registers, as dean a second time, was January 28, 1559. Reg. &c. 

J Wood's Fasti Oxon- 688. 

His speech in Q. Mary's third parliament, v. Burnet's Ref. p. 277, 278, &c. 

|| Stryp. Life of Archbishop Parker, p. 87. Tf Stryp. Eliz. p. 235. 

** Reg. p. 186. ff Ath. Oxon. v. i. 2 edit. p. 57. 



186 THE CATHEDRAL. 



he was elected fellow of All-Souls', in 154-5 : And two years af- 
terwards, was made one of the seniors of Christ-Church, on its 
foundation by K. Henry VIII. who endeavoured to replenish 
the same with the first scholars of the university. On the l?th 
of May 1550, having obtained leave to travel for three years, his 
time was spent chiefly at the university of Orleans, where he 
.married the daughter of Lewis Jacquiene.* He returned to Eng- 
land in the latter end of the reign of K. Edward VI. but on the 
accession of Q. Mary, was one of the fugitives to frankfort, and 
afterwards became a member of the church of Geneva : On John 
Knox's leaving that society, to return to Scotland, Whitting- 
ham was prevailed upon by Calvin to become a minister of the 
church : He engaged, with other learned men of that society, in 
an English translation of the Bible; but it was not finished be- 
fore several of those employed therein returned to England, on 
Q. Elizabeth coming to the crown : Whittingham remained near 
eighteen months at Geneva, to perfect the work; during which 
time, he reduced into metre five of David's psalms, (inscribed 
W. W) of which the 1 1 9th was one ; together with the ten com- 
mandments, and a prayer, now placed at the end of the version. 
Soon after his return to England, he was employed to accompa- 
ny Francis, earl of Bedford, on his embassy of condolence for 
the death of the French king, in 1560: An*d he atikntJe'd Am- 
brose, earl of Warwick, to Newhaven, to be preacher there, 
whilst the earl defended it against the French ; on which occa- 
sion he shewed a reproachable disposition, it spiriting the peo- 
ple against uniformity: The earl, either to be rid of him, or 
through an esteem, which even his improprieties could not wean, 
obtained this deanry of the queen, on Skynner's death, although 
the same had been premised by her majesty to Dr Wilson, then 
one of her secretaries of state. Whittingham enjoyed the deanry 
sixteen years ; was a violent opposer of measures touching the 
sacerdotal vesture, and used all his influence with the earl of Lei- 
cester therein; supporting Bishop Pilkington's arguments to the 
utmost of his power : He wrought to the earl, and, as Collier ob- 
serves,-}- " Wrought the point with more heat than his bishop, 
" and made the colours more glowing : He cited several of the 
" fathers, though wide of his purpose, and at length fell into ve- 
" hemence and coarse language." 

Notwithstanding all applications to the contrary, the order 
touching sacerdotal vestments issued in 1564,J and was urged in 

* Gray's notes, MSS. He married the sister of John Calvin. 

f Eccl. Hist. v. i. p. 493. 

I Se a auccinet account in Collier's Eccl. Hist. v. ii. p. 495. 



THE CATHEDRAL. 187 



such a manner, that they that refused the same were not permit- 
ted to exercise their ministry; on which the dean submitted 
thereto. It is not long before he was severely upbraided, for this 
compliance, by one that was with him at Geneva : But finding 
an apt reply, answering, that he and others knew, and had heard 
John Calvin say, " That for external matters of order ^ they might 
" not neglect their ministry^ for so should they, for tithing of 
" mint, neglect the greater things of the law." He was a greatad- 
vocate for singing in the church, and provided the best anthems 
used in the queen's chapel, being himself skilful in music.* Whit- 
tingham did essential services to government in the rebellion, 
1569, and was a warm defender of the privileges of his church, 
in opposing the archbishop' visitation, in 1577.f Richard Ban- 
croft, in his writings, called him, the false and unworthy dean of 
Durham .*J He rendered himself obnoxious at court, by a zea- 
lous preface, wrote by him, to Christopher Goodmans's book,$ 
which professedly denied the right of governing to belong to a 
woman : This occasioned him to become the mark of public re- 
prehension. Archbishop Sandys in the visitation of this pro- 
vince, " having heard of some irregularities in the church of 
" Durham, (that See being then void) begins a visitation there- 
" of: The dean whereof, he understood, was no ordained minis- 
" ter, according to the order of the church of England, having 
" received his orders at Geneva, in the English congregation 
" there. But that church refused his visitation ; which caused 
" a contest between the said church and the archbishop, which 
" proceeded even to an excommunication : And for the better 
" searching into the merits of the cause, and for putting some 
" good conclusion to this difference, a commission was at length, 
" by the lord-keeper, issued out, to some persons to hear it."||-*~ 
This commission we have in Rymer's Fcedera, vol. xv. p. 785, 
dated Hth of May, 157&. It was directed to the archbishop of 
York, the lord president, the bishop of Durham, the dean of 

2 A 2 

* For the same degree (bachelor of divinity, 22d March, 1566) did William 
Whittihghaxn, M. A. dean of Durham, supplicate, but whether he was admitted appears 
not. 

On the 17th of February, W. Whittingham before mentioned, who that day had 
supplicated for the degree of bachelor of divinity, did also supplicate for that of doc- 
tor ; but it doth not appear that he was admitted to either. Fasti. Oxon. Wood. 
v. i. ed. 2d. 

f Strype Ann. v. 2. p. 48. 

\ Ath. Oxon. Will. Whittingham, the unworthy dean of Durham. 

See an account of this book, with its preface. Stryp. 2 Eliz. vol. i. p. 1 25* 
327. Id. Parker. Id. Grindall 

(I Stryp* Ann, v. ii. p. 181. 



THB CATHEDBAL, 



York, and others, to enquire into dean Whittingham's orders. 
Upon the examination it did not appear, that he was ordained 
according to the order of Geneva, as then established ; .nor ac- 
cording to the law of this realm; for the ordination of K. Ed- 
ward VI. was repealed by Q. Mary, and that repealed 1st of Q. 
Elizabeth ; and that of K. Edward, restored the 8th of Q. Eliza- 
beth. The dean's certificate produced, was, " that it pleased 
" God, by lot and election, of the whole English congregation, 
" to choose him to the offide of preaching, &c." But this being 
objected to, he produced another certificate, viz. " That it plea- 
" sed God, by the suffrages of the whole congregation, orderly 
" to choose W, Whittingham, into the office of preaching :" It 
was objected, that there was no ordination by election or lot, in 
any church in Europe : The archbishop was for depriving him, 
but the dean of York and lord president were against it ; and said, 
it was not fit to allow popish orders, and refuse orders of refor- 
med churches. The dean soon after departing this life, nothing 
was determined,* 

Dean Whittingham was guilty of much profanation on the 
pious monuments and sacred remains in this church. The ac- 
count given by Wood,f of those acts of violence and irreligion, 
is shortly stated to the reader ; but antecedent thereto, we beg 
leave to observe, that, in all ages, and with all people, where 
civilization and the true spirit of religion prevailed, things ap- 
plied to pious offices and religious ceremonies were held in such 
veneration, that defiling and employing them in mean and con- 
temptuous uses, Was forbidden and punished. The example of 
Balthazar, in holy writ, is tremendous; though the superstitious 
rights of the Jewish temple might render the vessels he abused, 
a& odious to those who stripped them from the sacred places, as 
ever dean Whittingham held the vessels of the church at Durham. 
Disturbing the ashes of the dead, is an offence to human nature, 
ich ai.thti most ignorant of savages refrain from ; polished na- 
tions of antiquity held such remains in the highest veneration, 
and did not conceive the most depraved mind capable of their 
profanation : the Egyptian who left his fathers corps unredeem- 
ed, was denied the privileges of society. In profane history, 
the story of Cambyses affords us reflections of the like nature. 
The learned ]Jr Prideaux is a sufficient authority to quote this 
instance ; J and his words are, " As he mounted his horse for the 

* Strype Ann, v. iu p, 52O. Dr Birch's Life of Archbishop Tillotson, 171. 
See Bishop Nicholson's Eog. HisU lib. 141. Man. p. 44, 67, 101. Barnard's 
Cat. MSS. torn, i. pt. i. p. 367. 

f Ath. Oxon, v. i. p. 154. J Prideaux's Connection, &c. r. i.p. 244. 



THE CATHEDRAr. 189 



M march, his sword falling out of the scabbard, gave him a wound 
" on the thigh, of which he died a few days after. The Egyp- 
" tians remarking, that it was in the same part of the body, where 
" he had afore wounded the Apis, reckoned it as an especial 
"judgment from Heaven upon him, for that fact, and perchance 
" they were not much out of it : For it seldom happening, in an af- 
" front given to any particular mode of worship, how erroneous 
" soever it may be, but that religion is in general wounded thereby ; 
" there are many instances in history, wherein God hath very sig- 
" natty punished the profanations of religion in the worst of times, 
" and under the worst mode of heathen idolatry" Wood pro- 
ceeds thus, " The works of impiety that Whittingham perform- 
" ed, while he sat dean of Durham, were very many, among 
" which I tell you of these. Most of the priors of Durham 
" having been buried in coffins of stone, and some in marble, 
" and each coffin covered with a plank of marble, or free stone, 
" which lay level with the paving of the church, (for anciently 
" men of note that were laid in such coffins, were buried no 
" deeper in the ground than the breadth of a plank to be laid 
" over them, even with the surface of the pavement) he caused 
" some of them to be plucked up, and appointed than to be 
*' used as troughs, for horses to drink in, or hogs to feed in. All 
" the marble and free stones also that covered them, and other 
" graves, he caused to be taken away and broken, some of which 
" served to make pavement in his house. He also defaced all 
" such stones as had any pictures of brass, or other imagery 
" work, or chalice wrought, engraven upon them ; and the re- 
M sidue he took away and employed them to his own use, and 
" did make a washing house of them, at the end of the centery 
" garth ; so that it could not be discerned afterwards that ever 
" any were buried in the said centery garth, it was so plain and 
<e straight. The truth is, he could not abide any thing that ap- 
pertained to a godly religiousness, or monastical life.* Within 
" the said abbey church of Durham, where two holy-water 
" stones, of fine marble, very artificially made and engraven, and 
" bossed with hollow bosses, upon the outer sides of the stones, 
" very curiously wrought. They were both of the same work, 
" but one much greater than the other. Both these were taken 
" away by this unworthy dean, and carried into his kitchen, and 
" employed to profane uses by his servants, steeping their beef 
" and salt fi&h in them, having a conveyance in the bottoms of 

* Davies' Rites and Monuments. This book was written by Anon, (one that 

had belonged to the cheir of Durham), and published by John Davies oi Kidwelly, 
in 1672. 



190 THE CATHEDRAL. 



" them, to let forth the water, as they had when they were in 
" the church, to let out holy-water, &c He also caused the 
" image of St Cuthbert, (which before had been removed from 
"its proper place by dean Robert Horn, who also had a hand 
'* in such impieties) and also other ancient monuments to be de- 
" faced and broken all to pieces, to the intent that there should 
" be no memory of that holy man, or of any other who had 
" been famous in the church, and great benefactors thereto, (as 
" the priors his predecessors were) left whole and undefaced. 
" I say it again, that he did this to the end, that no memory or 
" token of that holy man, St Cuthbert, should be left, who was 
" sent and brought thither by the power and will of Almighty 
" God, and was thereupon the occasion of the erection of the 
" monastical church of Durham, where the clergy and servants 
" have all their livings and commodities from that time to this 
" day. At length, after his many rambles in this world, both 
" beyond and within the seas, and his too forward zeal for pro- 
". moling his Calvinistical (if not worse) opinions, whereby much 
" mischief happened to the church of England, hedid unwilling- 
" ly (being then full of worldly troubles) submit himself to the 
" stroke of death, on the 10th day of June, 1579, and was buri- 
" ed in the cathedral church of Durham ; soon after was a tomb- 
" stone laid over his grave, with an epitaph of twelve long and 
" short verses, engraven on a brass plate, fastened thereto ; 
" which, with most, if not all of the monuments, which were set 
" up after his time, were miserably defaced by the Scots, when 
" they invaded England, in 1640. So that as he had before in 
" a woeful manner, violated the monuments of his predecessors 
" and others, so was his, by invaders ; and nothing now left to 
" preserve his memory, or person to shew the place where his 
" carcase was lodged." After what Wood has said of our dean, 
it is justice to his character to gather up the sentiments of other 
authors.* " The Lord Burleigh being advanced to the white 
" staff, his place of secretary of state, if we believe A. Wood, 
" was likely to be given todean Whittingham, so noted a Puritan, 
" that he has many an ill word from that Oxonian, who how- 
" ever says of him, had he stirred in it, and made interest with 

* Oldmixon's, Q. Eliz. 429. sub. anno 1571 Archbishop Grindal'slife, 170,477. 
Wood. Williams, Whittingham, and Sutton, 
Valued the prayer book not a button : 
The liturgy they grudg'd to say, 
And threw the surplice quite away ; 
Alter'd confession, chang'd the hymns, 
For old Jack Hopkin's pithy rhimes. 

Ward'* Reformation, cant. i. 



THE CATHEDRAL. 191 



" his friend Robert, earl of Leicester, he might have obtained 
"it." Bancroft another such rigid doctor as Whitgift, in a 
treatise of his, stiles Whittingham " the false unworthy dean of 
" Durham, for taking upon him that deanry, when he was only 
" master of arts, and, by the statutes of the church at Durham, 
" he should have been a doctor or batchelor of divinity : With 
" such straws are these men's heads stuffed. It gave also great 
xt offence, that he should content himself with a Geneva ordi- 
" nation, and for this they did not forbear injuring him, in say- 
" ing he encouraged Knox and Goodman, in setting up sedition 
" in Scotland ; for the settlement made by Knox in Scotland, 
" was the reformed religion, and not sedition. Dr Sandys, now 
" archbishop of York, suspecting that the gentle hand of Dr. 
" Pilkington, late bishop of Durham, had given the Puritans too 
" much encouragement in that diocese, resolved to visit it him- 
" self, Dr Barnes, the new bishop, having complained 10 him, 
" of the number of non-conformists, whom he could not reduce 
ft to the orders of the church. But whatever his pretence was 
" for this grand visitation, the real design was supposed to be 
" against Whittingham, whom Sandys valued not the more for 
" having been a fellow exile with him in Germany, in the bloody 
* 6 reign of queen Mary. He was a divine of great learning, an 
" admirer of Calvin and the church of Geneva, which the late ho- 
" nourable and reverend Dr Compton, bishop of London, stiled 
" his brethren, in a letter he wrote to them, and which the Lau- 
" deans treat with contempt or indignation, as schismatics. It 
" seems dean Whittingham had only had Geneva ordination, 
" which I believe as much, as that the sun is now shining in a 
" very fine day, is by the bulk of the inferior clergy, and young- 
" er academics, at this time looked upon to be no more an orcli- 
" nation than that of a vestry would be. There were thirty 
" four other articles against him ; but that was like an ignorant 
" rustic's insisting to have a fellow hanged for stealing his goose, 
" when he had just been convicted of burglary : The latter was 
" sufficient to hang him, and the goose afterwards not worth 
" mentioning. If he was no priest, as archbishop Sandys urged, 
* e on account of his foreign ordination, that would have outed 
" him of course, and then what signified the other roll of arti- 
" cles: But the dean, instead of answering the charge, stood by 
" the rights of the church of Durham, and denied the archbi- 
" shop's power of visitation ; upon which the archbishop ex- 
" communicated him, that is, denied him the privilege and be- 
* c nefit of receiving the Lord's supper. The dean appealed to 
" the queen, who directed a commission, to the archbishop, to 



192 THE CATHEDRAL. 



" the lord president of the North, and to the dean of York, to 
" hear and determine the validity of his orders, and to enquire 
" into the other misdemeanors contained in the articles : The 
lord president was a favourer of the Puritans, and Dr Hutton, 
" dean of York, of Whittingham's principles, and boldly averr- 
" ed, that the dean was ordained in a better sort than even the 
archbishop himself; so that the commission came to nothing. 
" Sandys, vexed at the dissapointment, and at calling in question 
" his right of visitation, the reader sees how it goes, the power, 
" the denomination, the self ever uppermost, obtained another 
commission directed to himself, to the bishop of Durham, the 
" lord president, (he must come after notwithstanding his pre- 
" cedency) the chancellor of the diocese, and some others, whom 
he could depend upon, to visit the church of Durham : The 
" aim of Sandys and Barnes was to deprive Whittingham of his 
deanry, as a layman. When the dean appeared before the 
" commissioners, he produced a certificate under the hands of 
" eight persons, for the manner of his ordination ; upon which 
" the lord president rose up, and said, I cannot in conscience 
" agree to deprive him for that cause only, for it will be ill taken 
" by all the godly and learned, both at home and abroad, that 
" that we should allow of the popish massing priests in our mi- 
" nistry, and disallow of ministers made in a reformed church ; 
" upon which the commission was adjourned sine die. One can- 
' not help observing here, how the noble and wise abhorred 
" persecution, and how enlarged their minds were in comparison 
" with the lordly ecclesiastics. These proceedings of the arch- 
" bishop against the dean were invidious, and lost him his esteem, 
" both in city and county. Besides the calling the dean's ordi- 
" nation in question, was contrary to the statute 13th Elizabeth, 
" by which the ordinations of foreign reformed churchs were 
** declared valid ; and those that had no other orders, were made 
" of like capacities with others, to enjoy any place of ministry 
" within England. It is strange the archbishop of York, and 
the bishop of Durham, among other articles against the dean, 
** did not think of that mentioned by Wood, the Oxonian, 
" who doubtless thought it of the highest importance, which 
" was, that he was only graduated master of arts, whereas the 
" statutes of the church of Durham required, that the dean 
" should be a batchelor of divinity.* What trifles do they 
" hoard up for treasures ! He is charged with horrid impieties 
by Wood, &c. &c. sure I am that all these, and other the like 
" impieties, as the Oxonian calls them, are in no degree so im- 



* Chap. v. p. 157. 



THE CATHEDRAL. 193 



" pious, as what himself says of that idolatrous monk Cuthbert's 
" being brought to Durham, by the power and will of Almighty 
" God, to set up a church full of idols, and priests almost as 
* stupid as the wooden images they worshipped."* The reader 
now hath both sides of Mr Whittingham's character. 

The agreement entered into in Dean Skynner's time,f touch- 
an augmentation of the prebends, was confirmed on the 20th of 
November, 15734 

In 1577, the disturbances between the chapter and their te- 
nants, became so serious, as to require the interposition of the 
state, and thereupon the queen's privy council in the north were 
ordered to hear the parties, and make determination thereon ; 
on which occasion an adjudication was made, as a perpetual or- 
dinance to be observed between them.J 

VOL. u. 2 B 

* Gyll's Notes and MSS. penes, G. Allan. f See page 166. 

J: All and singular the which premisses, touching the same division or proportion 
of tithes, we William Whittingham, dean, and the Chapter of the cathedral church 
of Durham, &c. being this 20'.h day of November, 1575, in the sixteenth year of the 
reign of our sovereign Lady Elizabeth, &c. lawfully congregated deliberately treating 
of the same in our chapter -house, on this great or general chapter day, do, by our 
common or general assent and consent, for us and our successors, by these presents, 
enact, ratify, and confirm, and allow the said division, proportion and assignments of 
tithes, for ever to stand and continue to every one of the twelve prebendaries, and 
their successors, as they be before rated. In witness whereof, to these presents, we 
the said Dean and Chapter, have put to our chapter seal, and subscribed our names, 
the said 20th day of November, in the said sixteenth year of our said sovereign Lady 
Elizabeth, &c. 

The ORDER sett downe by the Right Honorable the Lordes of the 
Queenes Majesties Privie Counsell in the Northe Parts, betweene the Deane 
and Chapiter of Durham, and theire Tenaunts, the 17th Day of August 
19th Year of Queen Elizabeth, 1577. 

WHERE heretofore great contentions have arisen betwene the Deane and Cha- 
piter of Duresme on th' one partie, and sundrie of theire tennants in the countrie 
palatyne of Duresme, clameinge to holde their fermeholdes by tenant-right on th' 
other partie, as well before the Right Honorable the Lordes and others of the 
Queenes Majesties Privie Counsell, and before the Lorde President and Counsell in 
the Northe Partes, as also at the common lawes of this realm ; for the endinge of 
which troubles, and for a quietnes hereafter to be had, and for the centinuance and, 
maintenance of the service of the inhabitants of that countrie due to the Queues 
Majestie, her heires, and successors, It is nowe ordered and decreed by the Right 
Honorable Privie Councell, as by certaine articles hereafter ensuethe. 

First, wherein theire former suites and troubles, the said tenaunts claimed to holde 
theire fermeholdes by tenant-right, and that the Deane and Chapiter alledged them 
to be onelie theire tennaunts at will, because some of them had taken no leases by a 
longe tyme, and yet it appeared by an auncient booke and register of the leases made 
by the predecessors of the saide Deane and Chapiter, shewed to the saide president 
and counceli in the north parts, that the lands in contention belongeinge to that 
house, had manie tymes bene letten for yeres by lease : and also by a triall at the 
common lawe by which it should seme the saide lands and tenements shoulde not be 
holden by tenaunt right. 



194 THE CATHEDRAL. 



Therefore it is ordered and decreed, that all the same tenaunts at will, and ten. 
nants clameinge by tenaunt right, shall relinquishe and give over for them, their 
heires and assignes for ever, all theire titles, rightes and clames of tennant right in 
the premisses end everie part thereof. 

And forsomuche as upon debaitinge of the matter, it appeared and could not be 
denyed by the saide Deane and Chapiter, but that the saide tennants be bounde by 
the custome of that countreye, and the orders of the borders of Englande for anenst 
Scotlande, to serve her majestic, her heires, and successors, at everie tyme when they 
be commanded in warrelike manner upon the frunturs, or elsewhere in Scotlande, 
by the space of fyftene daies without waiges, which they shall not be able to doe, if 
they should be overcharged with greate fynes, or raising of rents ! Therefore, and for 
other godlike charitable and lawful considerations, it is further ordered and decreed. 

That everie of the said tenaunts shall from henceforthe have and enjoye theire 
severall fermeholds with chapiter tennurs accordinge to the intent of theise saide 
articles and draught of ane indenture or lease hereafter sett downe and expressed, 
and accoidinglie shall take leases of the saide Deane and Chapiter, and shall paie 
theire rents at the daies and tymes accustomed, and that everie tennant shall paie, 
doe, and make all other rents, services, and reparations, and customes, as the tennaunts. 
of everie suche tenement or fermehold hath heretofore done, paied, or made, for the 
said fermehold, or of right ought to have done, paied, or made. 

And it is further ordered, that th' eldest sonne of everie tennaunt, if he sue for 
the same within one yeare next after the deathe of his father, and for defalt of suche 
sonne, the sonne and heire of th' eldest sonne, the brother of th r eldest sonne, if he 
be livinge, or els his sonne; and for defalt thereof, the brother of the last tenaunt, if 
he be then livinge, or els his sonne sueinge for the same as before shall be admitted 
tenant of the saide tenement and fermeholde that the father or other last tennaunt 
had at the tyme of his deathe, dureinge bis liffe, paieinge onelie thre yeres fyne at 
the most, to the saide Deane and Chapiter, and their successors, and paienge, doeinge, 
and makeinge yerelie, the rents, services, reparations, and customes, due to the said 
tenement and fermeholde, and this order to be observed for ever : And if the tenaunt 
fortune to have no sonne nor sonne's sonne, nor brother, nor brother's sonne as is 
aforesaide ; that then it shall be in the election of the saide Deane and Chapiter for 
the tyme beinge, to choise their tennant, and to lett him the same for his lyffe, in 
forme aforesaide. The true meaninge of this article is, that if the sonne, brother, or 
other be within age at the tyme of the deathe of the tennaunt, then if he by his gar- 
deyne, tutor, or friend make sure for the saide tenement, he shall be thereunto 
admitted tennant. 

Notwithstandinge the saide former order, it is ordered, that if anye of the saide 
tenaunts be maried, and his wife lyvinge after his deathe, that then she shall have 
and enjoye the fermeholde her husband died possessed of dureing her wydoweheed, 
without paieinge anye fyne, paiefng and doeinge the rents, reparations, and customes 
due for that fermeholde ; and if she marie, then her hutbande to paie two yeres fyne, 
and he and she to have and enjoye the said fermeholde dureinge the wife's liffe, she, 
and also her husband yerelie paienge and doeinge the rents, reparations, and customes 
due for that fermeholde ; and that then after her deathe, the sonne of her former 
husbande, that was tenaunt of the said fermeholde ; and for defalt of suche sonne, 
suche other persons as are before named, according to the true meaninge of the limi- 
tation before mention'd in the third article, shall be admitted tenant for his lifFe, if 
he sue for the same accordinge to these orders. 

And further it is ordered, that no forfeiture of anie of the saide tennaunts so to be 
letten for terme of liffe as is abovesaid, shall be taken but onelie for treas-on, rebellion, 
wilful murder, or fellonie committed by suche tennaunts, whereof he shal be lawfullie 
attainted or outlawed by the lawes of this realme ; and the same so forfeited to be 
letten in forme aforesaid. 

And it is also ordered and declared, that these articles abovesaide, are ment and 
to be intended onelie for suche tenaunts and tenements as be accompted tenaunts at 
will, and tenements occupied or clamed, to be holden or occupied by the custome of 
tenant right, and not to suche tenements as heretofore are or have bene occupied and 



THE CATHEDRAL. 195 



darned by lease for terme of yeres, or for terme of liflfe or liffes, within the space of 
thirtre yeres paste. 

And it is further agreed and ordered, that all these presente articles and orders 
together with the draught of the saide indenture, shal be entred and remayne as of 
recorde, as well in the booke of orders of the privie councell, as also the booke of 
orders and decrees of the said lord president and councell of the northe parts, and 
alsoe in the chauncerie court of Duresme, to th' intent the same may remayne and 
be manifest to suche of the tenaunts as shall have cause or nede to sue for the same. 

And it is further ordered and agreed, that for the more full ratifienge and confir- 
Weing of theise articles and orders, to abide and contynue for ever, and that the saide 
l)eane and Chapiter hath assented to the same : In testimonie and approbation 
thereof, the saide Deane and Chapiter, shall unto this order, articles, and draught of 
the saide indenture sett theire common seale. Yeoven at Yorke, the daie and year 
above- written. 

THIS INDENTURE made the day of , in the yere of the 

reigne of our soveraigne Ladye Elizabethe, by the grace of God, queene of England, 
France, and Irelande, defender of the faithe, &c. Betwene William Whittingham, 
deane r and the Chapiter of Duresme, of the cathedrall church of Christ, and blessed 
Marie the virgin, of th' one partie, and A. B. of , &c. in the countie of Du- 
resme, husbandman, of th* other partie. Witnessethe that the said Deane and 
Chapiter, for divers good considerations them moveinge, by theire full assent and 
consent, have demised, graunted, and to ferme letten ; and by theise presentes, for 
them and theire successors, doe demise, graunt, and to ferme lett unto the said A. B. 
and his assignes, all that theire tenement and fermeholde, with all the howses and 
groundcs, being reputed and taken for part or parcell of the said tenement or ferme- 
holde, and groundes with chapiter tenurs, as it is, or latelie was in the tenure of W. K. 
in the saide countie of Duresme, (the woodes, mynes, and quarries in and upoon the 
same, with convenient waies for the useinge and enjoyeinge of the same, except and 
reserved.) To have and to holde the saide tenement, fermeholde, and grounds, with 
all and singular Iheir appurtenances, (except before excepted) to the said A. B. his 
executors and assignes, from the makinge and date of these presentes, unto th* ende 
and terme of twentie and one yeres then next followinge, fullie to be complete and 
ended in as large and ample manner, as the said W. K. or anye other fermor tenaunt 
or occupier of the premisses heretofore hathe holden or [occupied, &c. the same, (yf 
he, the saide A. B. doe soe longe live) yieldingeand paienge therefore yerelie, during 
the said terme, to the said Deane and Chapiter, and their successors, or to theire 
receiver for the tyme beinge, in the exchequere over th' east gate, within the pre- 
cinct of the saide cathedrall churche of Duresme, the some of , of lawfull 

Englishe moneye, at two termes in the yere, that is to say, at the feasts of St Mar- 
tyne in winter, and Penticost, by even portions, or at suche usuall feasts or daies as 
the same hath bene used and accustomed to be paied, or within one moneth next 
after either of the saide feasts and daies. And the said- A. B. for himself, his 
executors, and assignes, dothe covenaunt and graunt to and with the said Deane and 
Chapter, and theire successors, to paie, doe, and performe all manner of lawfull and 
reasonable customes, services, and duties yerelie, hereafter to be due for the saide 
tenement, to the saide Deane and Chapiter, and theire successors, as other the 
tenaunts, fermeors, and occupiers, and theire assignes, have heretofore done, or of 
right ought to have done. And the saide A. B for him, his executors, and assignes, 
covenantethe and grantethe by theise presentes, to and with the saide Deane and 
Chapiter, and theire successors, that he the saide A. B. his executors, and assignee, 
all the saide tenement and premisses, by these presentes demised and letten, in all 
maner of reparations, necessarie (great tymber onelie excepted) at all tyme and 
tymes, dureinge the saide terme, shall repaire, upholde, and mayinteine, and at th f 
end of the saide terme shall have the same so sufficientlie repaired at the sight of 
some indifferent persons, whereof two to be chosen by the Deane and Chapiter, the 
other two by the tennaunt . And that he the saide A. B. and his assignes shall, at 
all and everie tyme and tymes when occasion of service shall be, dureinge the saide 



198 THE CATHEDRAL. 



Dean Whittingham died at Durham, on the 10th of June, 
1579, and was interred in the cathedral church : The inscription* 

terme be readye and well furnished with horse and furniture, either by himself or some 
other able person, to serve the queene's majestic, her heires and successors, upon the 
borders or elsewhere, after the rate of his saide tenement, as other like tenaunts of 
the saide Deane and Chapter, within the saide bushopricke of Duresme, have here- 
tofore used to doe, and bene furnished withall. And also that the saide A. B. &c. 
his assignes, shall not dureinge the saide terme, alien, sell, or sett over, his interest 
or yeres, or anye part thereof in the premisses, or any part thereof to anye person or 
persons, without consent and agreement of the saide Deane and Chapter, or theire 
successors, first therein obteyned, (except to his eldest sonne.) And if it fortune 

the saide yerelie rent of , or any part or parcell thereof, by the space of fortie 

daies after either of the saide feastes, to be behinde and unpaid to the saide Deane 
and Chapiter, and theire successors, that then the saide A. B. his executors, and 
assignes, shall forfaite to the saide Deane and Chapiter, and their successors, (nomine 
penae) over and besides his saide rent, suche some of moneye as the saide rent dothe 
or shall amount unto. And the saide Deane and Chapiter, for them and theire 
successors, doe graunt by theise presentes, to and with the saide A. B. that the same 
A. B. his executors, administrators, and suche his assignes as before be rehearesed, 
shall and may, dureinge all the saide terme, have suche sufficient hedgeboot, fierboot, 
plougheboote, and wayneboote, and cartboote, in and upon the premisses, as other 
tenaunts, fermeors, and occupiers of the same, have heretofore had, taken, and used 
in, upon, and about the said tenement, and other the premisses before demised, and 

not elsewhere. In witness whereof, &c. 

' 15th Elizabeth, 1st December, 1572. 

Henry Hastings, earl, of Huntington, lord president of the north, and so confirmed 

until his death in 1595. 

THE COUNCEL. 

KNIGHTS. 

Sir Thomas Gargrave Sir Henry Gates 

Sir William Fairfax Sir George Bowes 

Sir Thomas Fairfax Sir Christopher Hildyard. 

ESQUIRES. 

Francis Wortley Laurence Meers 

John llookby Bryan Bridges 

Humphrey Purefoy Laurence Bramston 

Ralph Hudcllestone .Edward Stanhope 

William Cardinal George Gibson, LL. D. 

John Rookeby, LL. D. 

SECRKTARYS. 

Charles Hales, Esq. John Bennet, LL. D. 

Thomas Ennys Menry Cheeke 

John Fearns. 

In obit urn doctissimi viri Gulielmi Whittingham, decani olim Dunelmensis, 
Mariti Catherine sororis Johanuis Calvin theologi, qui obiit anno 1579. 
Quae Whittinghami cernis monumenta sepulti, 

Et \\tss & mortis sunt monumenta piae. 
Anglia testis erit, testis quoque Gallia vitae ; 

Exulis haec vidit, Prsesulis ilia decus. 
Nobilitas suanota domus, notissima doctis, 
Cognita pauperibus mensque manusque fuit. 
Dum vixit summos populi persensit honores. 

Mortuus ast populi vivitin ore sui. 

Forsitan et posthaec, optabit serior aetas, 

O vivant cineres, docte, decane, tui. 

Crux veritatis comes .f 

f Willis, vol. i. p. 253. 



THE CATHEDRAL. 197 



given in the notes was placed upon his monument, which, soon 
after its erection, met with the same fate as he had treated others. 

THOMAS WILSON, LL. D. 

was appointed dean on the 5th day of February next following 
Whittingham's death, and was installed the 28tn, by Ad. Holy- 
day his proxy. He was born in Lincolnshire, and elected a 
scholar in King's College, Cambridge, in the year 154-1 : Was 
tutor to Henry and Charles Brandon, dukes of Suffolk, and do- 
mestic chaplain to Charles, and Katharine, his duches, and af- 
terwards to queen Catherine Parr.* He was a voluntary exile 
in the time of queen Mary, and travelling to Rome in J558, was 
put into the Inquisition there, on a charge of heresy, said to be 
contained in his writings on logic and rhetoric : He suffered the 
torture, and would have been put to death on refusing to deny 
his faith, had not a fire happened, which induced the populace 
to force open the prison, that those confined might not perish; 
by which accident he escaped.f Queen Elizabeth made him 
master of the hospital of St Catherine, near the Tower, and mas- 
ter of requests? after which he became secretary of state and 
privy-counsellor. He was not on many occasions sent abroad 
as ambassador, and his residence as dean was much dispensed 
with.J After Whittingham's death, we hear no more of that 
vile character, the Augean stable, given to the cathedral church 
of Durham, in bishop Barnes' writings. The dean died on the 
16th of June, 1581, and was buried at St Catherine's. He wrote 
a much approved book against usury. $ 

The deanry continued vacant two years, and on, the 31st of 
August, 1583, 

TOBIAS MATTHEW, 

rector of Bishop- Wearmouth, in this county, || was appointed 
dean, then thirty-seven years of age. Strype speake of him 
thus : "^[ A great preacher, and a pious, holy man : This ve- 
" nerable prelate first entered into orders by the motion and 
" counsel of Dr Calfhill, a learned dignitary of the church in 
" those times, and his cousin ; though his father and mother, 
" persons of good quality, who seemed to be disaffected to reli- 
" gion, were not inclinable thereto, as I have seen in a letter of 

* Strype's Ann, vol. ii. p. 233. 

f See a full account of this transaction, Slrype's Ann. vol. ii. p. 511, 512. 

j Register, p. 21,23. 

Strype's Ann. vol. ii. p. 234 Willis, vol. i. p. 254. Lloyd's Statesman, 

p. 209. 

j| Inducted the 28th of May 15&0. Vide Annals of Bishops, vol. i. p. 1 1 12. 
if Ann. vol. ii. p. 347. 



198 THE CATHEDRAL. 



the said Calfhiil, soon after written to Sir William Cecil, That 
" lie was bound by all honest means to prefer his cousin, as well in 
" respect of his rare abilities, as also for that he had followed his 
" advice, in entering into the ministry, against the good will of 
"father and mother, and other his able friends. Matthew was 
" soon sent for to court by the earl of Leicester, having been re- 
" commended to him by his said kinsman : as also the said se- 
" cretary Cecil, who by soliciting the queen, obtained for 
" him the deanry of Durham, though she stuck a good while, be- 
" cause of his youth and his marriage. "When he departed from 
" court to Durham, Cecil, (now lord Burleigh) according to his 
" grave and godly way, gave him much good counsel for his 
" wise and good behaviour of himself, and discharging of his 
" duty in that place; and the next year sent him a letter of the 
" same import, by Mr. Tonstal going down thither." 

Matthew anxiously solicited the lord- treasurer to dispatch him 
quickly to Durham, after he was appointed dean,* as in case of 
his non-residence, twenty-one days before Michaelmas, the whole 
crop of hay and corn, and other fruits, belonging to the tithe and 
glebe, appropriated to his deanry, would go to the prebendaries 
who did reside.f It seems the great men then in power had an eye 
to selfish gains, from ecclesiastical preferments, for the lord trea- 
surer sought to obtain a lease of Pittington, from Dean Matthew, 
on which there were at that time two unexpired leases for long 
terms, which obliged the dean to draw an unfavourable picture 
of his possessions.^ An attempt was made by Mr Carey, son 
to the lord Hunsdon, to disseize the church of Billingham and 
Holme, part of the dean's corps, upon pretence of concealed lands, 
given to superstitious uses ; and a suit was also projected by one 
Brackenbury, touching those places. Matthew was made Bi- 
shop of Durham in 1594? ; and after a vacancy of two years, 

WILLIAM JAMES 

was appointed dean, on the 5th of June, 1596, and was installed 
by Clemment Coldmore, his proxy : he was born at Sandbach, 
in Cheshire; son of Mr John James, of ore,|| in Staffordshire, 
by Ellen his wife, of the family of Bolt, of Sandbach :f[ He was 
admitted student in Christ-Church, Oxford, in 1559, and took 
the degree in arts: afterwards entering into holy orders, was 
admitted to the reading of the sentences in 1571, being then di- 
vinity reader in Magdalen College. The next year, was elected 
master of University College; and on the 27th of August, 1577, 

* 3. Stryp. Ann. p. 178. f See Statutes, chap. xvi. p. 163. 

J Ibid. App. No. Ixi. Se vol. i. p. 582; 

|| Osborn, Gray's Notes, MSS. ? See pedigree in rol i, p. 592. 



THE CATHEDRAL, 



became archdeacon of Coventry: In 1584, was made dean of 
Christ-Church, Oxford; and in 1606, succeeded bishop Mat- 
thew in the See of Durham.* After him 

ADAM NEWTON, 

a Scotchman and a layman, obtained the deanry, and was in- 
stalled the 27th of September, in the same year by his proxy, 
Mr Ewbanke : he was tutor to prince Henry, eldest son of king 
James I. and wrote his life.f Newton held the deanry till the 
year 1620, when a resignation was made in consideration of a 
large sum of money :.J About that time he was created knight 
and baronet: Was a man of learning, and wrote several things 
of note. He died on the 13th of September, 1626, and was 

interred at Charleton, near Greenwich, in Kent.jj By the 

means before noted, a vacancy took place for the admission of 

RICHARD HUNT, D. D. 

who was presented on the 3d of May, admitted the 8th, and 
installed the 29th of the same month, 1 620.^1 He had been 
rector of Fobs ham ; also vicar of Terrington, on the presenta- 
tion of king James I. 1603, and rector of the same place, on the 
precentation of Sir John Stanhope, knight, 1609 :** Was made 
a prebendary in the second stall of Canterbury cathedral, in the 
year 1613 or 1614;ff and was chaplain to king James. In 

Willis, vol. i.p. 254. Gray's Notes, MSS.- Ath. Ox. vol. i. p. 356, &c 
He was three times vice-chancellor. 

f MSS. now in the British Museum. Gent. Mag. 1760, p. 78,81. Birch's 
negotiation between England and France, 527, 533. 340. Heylia's Examen. 
Historic. 178. 

{ Ath. Oxon. vol. i. p. 356 Camden's Annal. Ja. 1. 

Sir Edward Newton's Com pi. Book. Lat. collected from Classics and Philo- 
log. Bern's Catalog. MSS. part ii. p. 102. He translated the first four books of 
Father Paul's Hist, of the Council of Trent. Bishop Bedel translated the other 
four. Gray's Notes, MSS. Sir H. Puckering, alias Newton, was his son, who 
gave his lib. to Trinity Col. Cam. Ibid. 

| Willis says, " Having, after taking upon him his secular honours, renounced 
" his ecclesiastical preferments." Vol. i. p. 254. Bayle's Diet. vol. iv. p. 360. 

Bayle, in 1. c. says he died dean of Sarum. f Reg. Neile, p. 23. 

* Parkin's Hist. Norf. vol. iv. p. 378, 704. 

ft Somner. 

An answer for the Ld Walden, (to the vice-deane and chap, of Duresme) touching 
the leade of the ruinated cell in the ileande by Barwick. 

While some of the chapter of Duresme do complaine of the Lord Walden, for, 
taking off of the leade of the cell, in the ileande a p ; ish church, yet there remaininge 
for piayers, and the cell chapell never used, but for garners and a store-house, since 
the suppression of the abbyes in K. H. 8 tyme. It may be demanded of them wt 
more offence is given, or wt other satisfaction more should be made by the nowe Ld 
Walden. then by those who tooke of the leade, tooke down the tymber, and utterlie 
demolished ye walls of the church of St. Goodrick, and of a goodlie manor house 
Mr Blakiston, the nowe vice-deane is prebendari thereof. 



200 THE CATHEDRAL. 



1633, the dean and chapter petitioned the king, (then at Dur- 
ham) for a confirmation of their charters and endowments, as in 
the notes.* The dean died on the 1st of November, 1638, and 

Similit' fact, p' prebendaries. 

Pittington-chappell manor house pulled downe by Mr Tonstall, now p'bendarie in 
the church, and sold it to Mr Henry Anderson ; both theise within 2 myles of 
Duresme. 

Dr. Barnes, now p'bendarie, pulled of and sould at Newcastle, all the leades of 
the prebend, manor house of Aluggleswick, 10 myles from Duresme. 

Dr. Colmore spoiled 2 p'sonages, St Oswalds' in Elvet, and St Maries in the S. 
Bailey. 

Mr Clyff, Mr Ewbank's predecessor, unleaded the church and mannor house of 
Buly-grange, and solde away the leade, iron, stone, and tymber thereof, and never 
made any penny satisfaction to the church, or to him the now prebendary. 

The woods and tymber of the church being by statute the principall treasure of 
the church, to be p'served and hath lately by his maj, princely care expressed by his 
1'rs under his hand and privie scale, commanded with great care the p'servation 
thereof, for the general benefit of the common wealth, and the p'ticular good of the 
church tennaunts, by want whereof their tenements and houses fall into utter ruyne : 
It would theirfore be inquired, what prodigall wastes have been made, and not to the 
necessarie repara'ions of the tennants' houses or fabrick of the church. As namely 
out of these woods: Beer-p'ke, Muggleswick .p'ke, Haymeing wood, Raynton- 
wood or p'ke, Shinckliffe-wood, Aickliffe-wood, Baxter-wood, Bewly-wood, utterlie 
consumed. Hough-hall-wood consumed by Dr. Colmore. Fenckla-wood con- 
sumed by Mr Blakiston. The Hall Garth-wood consumed by Mr Rand's prede- 
cessor and himself. Kella-wood wasted. Muggleswick, the goodlest wood in the 
north of England, wasted by the prebendarys. 

Dr. Colmore is the b'ps spiritual chauncellor or commissarie : He is also this 
year the treasurer to the D. and Cha. and dealeth in all their monie matters ; and 
therefore hath a desire to have the fingering of the leade in the cell of the ileand, &c.&c. 
[The rest sca'dalous reflections on Dr Colmore and hisldest son.] 

He holdeth the p'sonage house of Branspeth, worth above 2001. p' an. whereof 
my lord of Somerset is patrone ; at whose devotion he standeth, having neither good 
title to it, nor well deserving of the house of Brancepath, &c. From an original 
paper in the hands of T. G> 11, Esq. Randal's MSS. 

* To the KING'S most excellent MAJESTIE. 

The Humble PETITION of the DEAN and CHAPTER of DURHAM. 
Sheweth, 

THAT whereas your majesties royall progenitors, founders and patrons of this 
church, have in former tymes bene gratiously pleased at the humble petition of the 
poore members thereof, to confirme unto them, by the sacred authoritie of their 
letters patients, the ancient charters and pious endowments belongmge unto the same, 
for the honour of God, and the better performance of his service in this place ; 

MAT it therefore please your most sacred majestic, to grant unto your humble 
petitioners, the like royall confirmation of the same charters and donations under 
your majesties great scale, for the better strength and preservation cf the estate and 
inheritance of this church, wherein your majesties most loyall and devoted petition- 
ers shall daily pray (as they are rro.st bound) for your majesties longe, happy, and 
peaceable reigne, &c. 

At the CORT at DURISME, the 2d of June, 1655. 

HIS majestic for the honor of God, and the better performance of his service in 
this place, is gratiously pleased to graunt to the petitioners, his royall confirmation 
of their charters and donations as here is desired: And his attorney-general is 
required to prepare for his royal signature, a booke for letters pattents to that effect. 

JOHN COKE. 



THE CATHEDRAL. 201 



was buried in the cathedral church of Durham, under the seat 
set apart for the prebendaries' wives : his epitaph was inscribed 
on a tablet of wood, fixed to the adjoining pillar, which not 
being esteemed ornamental, was taken down and thrown into 
the vestry-room. Willis gives the inscription as in the notes.* 
VOL. ii. 2 C 

* RICHAR*>I HUNT, decani ecclesie cathis D. beatam animam e coelo reducem ad 

tubam, olira Arch-Angeli, hicexpectat socium corpus RicHARm HUNT, 

decani hujus eccl. per 20 annos. Cui placide 

Obdoruiivit in D'no Jesu, redemtore, cui animam 

Com'endavit, & ad cujus 

Nutum corpus cxuit in 

Festo omnium animarum, 

A. D. 1658. 
On a wooden tablet, in golden characters : 

Charitas 
Obedientia 4* Patentia 

Humilitas 

In reverendum virum Richardum 
Hunt, S. S. theologiae professorum 
Hujus ecclesiae olim per 20 annoa 
Decanum, qui in Domino placide 
Obdormivit in festo omnium 

Animarum, 1638. 
Hie jacet orberumque pater, viduaequae maritas 

Faelix qui proprio fovit utrosque sinu. 
Spes columenque inopum ; pes elaudis lumina caacis, 

Hospilium exulibus ; presidium iriiseris. 
Cur tabulas rogitas, legat bona nulla supremis, 

Quod semper solitus non moriturus agit ? 
In promptu ratio est ; donaverat omnia vivfiris, 

Scilicet et tandem non habet unde daret. 
Ad caelum ad Christum praemiserat omnia prudens, 

Ut fieret tuta & mollis ad astra via. 

Cselorum portus reserat, clauditque gehennae, 

Omnia qui Domino, dalque dicatque Deo. 

Advena dives inops, omnes uno ore precemur, 

Moliter ossa cubent, sittibi terra levis.f 

f In this dean's time the bells in the great tower of the cathedral church were 
cast and hung ; and the present elegant clock made. 

From the parish register of JBow church. 
Tho. Bartlett (a bell founder) was buried 5 Feb, 1632-3. This man did cast the 

abbey bells ye summer before he dyed. 
1632. E computo thesauraij eccV <z cathed. Dun. 

. s. d. 

For casting and hanging the bells - - - - 128 12 7 
For the new clock and dyall *-..-- 1896 

Randall's MSS. 
One Ch. Hodson re-cast the bells in 1 693, and placed the present eight melodious 

bells in the great lower. He was a Londoner, and much noted in his business ; 

in the year 1680, having been employed to re-cast the great bell called Tow, at 
Christ- Church,' in Oxford. 

In the chapter accounts of 1632 and 1633, are the following remarkable particulars. 
12 Mar. 1633. Solut. Gul. Bellasis mil. p* emendatione via; public* in monasti, 

egidij. juxta Dunelm, 51. 
Wm. Oiten, medicus, \l. 



203 THB CATHEDRAL. 



WALTER BALCANQUALL, 

was appointed dean, and installed on the 14th of May, 1639.* 
He was by birth a Scotchmam ; educated at Pembroke Hall, and 
there took the degree of bachelor in divinity : Was appointed 
the king's chaplain : and on the 16th of December, 1617, made 
master of the Savoy, which he resigned the succeeding year, in 
favour of the able, but desultory Marc Antonio di Dominis, arch- 
bishop of Spalato, a refugee, in reward for his conversion to 
Protestantism : That year he was sent to the synod of Dort, to 
represent the church of Scotland. In February, 1621, Marc 
Antonio left England, and recanted, whereupon Mr Balcanquall 
was restored to the mastership of the Savoy: In 1624-, having 
obtained naturalization,! and taken the degree of doctor in di- 
vity, he was installed dean of Rochester on the 12th of March. 
A short time after his becoming dean of Durham, those com- 
motions arose in the state, which forced him from his mastership 
and deanry, when he was plundered, sequestered, and obliged 
to fly for personal safety. The Scotch troops vented their spleen 
on the cathedral church ; and defaced all the monuments in the 
nave : The dean fled to the king at Oxford, and afterwards shif- 
ted from place to place, to escape the fury of the rebels : Being 
the mark of much inveteracy, as they attributed to him the wri- 
ting of the king's declaration, in 1639. His epitaph expresses, 
that he escaped from the siege of York, and in the extremity of 
a bad season, through inexpressible danger, took refuge at Chirk 
Castle, in Denbighshire ; but sinking under the fatigue of the 
journey, and severity of the weather, died there on Christmas- 
day, 164>5, and was interred in theparish church of Chirk ; where, 
some years afterwards, a small mural monument was erected to 

Nov. 5. Given to the quire by appointment of the chap, for singing on the 

steeple ye king's day, II. 

Paid Ch. Bailes the painter, for gilding the 8 stands and colouring, 
which bore up the canopy over the king's head the last year, II. 
A bill for two curtains at b'p Hatfield's tomb and matt's 21. ISs. 4d. 
Curtain rods, 1 2s. 4d. 

Acta in domo capitulari. 
Sth July, 1621- That a survey be taken of the lands and possesions of the church, 

with an exact terrier of them all to be kept upon record. 
Paid for two pictures of the king and queen, for the library, 41. 

Nov. 1 633. Ut apud acta in domo cupitulari. 
Memorandum. That the sums of money here following, to be paid by 1201. per ann. 

returned to Mr James, treasurer, last year. . s. d. 

For the rich cope given the king - - - - 11681 
For the king's entertainment, &c. - 232 18 1 

Randall's MSS. 
* Rymer, vol. xx. p. 328. f Rushworth, vol. i. p. 150. 



THE CATHEDRAL. 80S 



his memory, by Sir Thomas Middleton, of Chirk Castle, at whose 
request, Dr Pearson, then bishop of Chester, composed the epi- 
taph.* 

Disputes subsisted between the chapter and their tenants, when 
the dean first came to this church, which were laid before the 
council, and an order made thereon, dated the llth March, 
1639, which shews, that innovations were renewed, and fresh 
attempts had been made against the leaseholders, which govern- 
ment would not encourage.-)* 

2 C 2 

* I lie situs est vir eximus Gualterus Bal can quail us, S. S. theol. professor, qui ex 
scotia oriundus, ob singularem eruditionem aula? Pembrochianae in acad. Cantabr. 
socius factus est, et inter theologos Brytannos synodo Dordracensi interfuit, mox 
regiae majestati a sacris, Xenodochij subaudiensis Londini prapositus & decanus 
primo Rofensis, deni Dunelmensis, omiwa base officia sive dignitatis magnis virtuti- 
bus ornavit ; turn vero in Scotianae rebellionis* arcanus motibus observandis atque 
detegendis solertissime versatus est, in rebellione- Anglicana regi maxime fidus ; 
obsidione Eboraci liberatus, et in has oras se contulit, ubi perhumaniter exceptus. 
sed ab hostibus cupidissime quaesitus et exturbatus hiemali tempestate mire seviente 
tutelam castelli in proximo confYigit, & morbo ex infesti itineris tedio corruptus ipso 
die nativitatis Christi ad Dominum migravit, an. aerae Christianas, 1645. 

Haec in memoriam defunct! scripsit Johannes Cestriensis, rogatu viri nobilissimi 
Thoniic Middleton, baronnetti, qui ex pio animi propositio sua cura atque sumptu 
hoc monumentum posuit. Willis, vol. i. p. 255. 

Ath. Oxon. vol. i. 

See Hale's papers concerning the synod of Dort. several of his epistles. -Walker's 
account of suffering clergy, vol. ii. p. 19. Rushworth's Col. vol. ii. 1270. His 
petition concerning the king's declaration. Pennant's Tour in Wales, vol. i. p. 269. 

His daughter married Sir Thomas Thynne, and had by him Thomas Thynne, of 
Longleat, who was murdered by Count Coningsmark, in Pall Mall, February 1 2, 
1681. 

f llth March, 1639. 

Walter Belcanqual, dean of Durham, complained of George Grey and Anthony 
Smith, two of the tenants of the Dean and Chapter of Durham, for misdemeanors 
committed by them, in getting diverse of the tenants of the said Dean and Chapter 
to set their hands and seals to diverse papers and petitions of complaint, against the 
said Dean and Chapter their landlord, and to contribute money for prosecution of 
their complaints ; and as the said Dean did alleage, they did not make known to the 
Dean and Chapter their grievances, before they came up to complain. 

The said Grey and Smith appearing before the lords of the council did acknow- 
ledge, that what was alleaged against them was true as to the subscribing the petition ; 
but declared they had cause to complain- against the Dean and Chapter, for that 
contrary to a decree entred in the court of York and elsewhere, in the time of queen 
Elizabeth, which did ascertain their right in the renewing their leases, with favyorto 
them in respect of their tenant right; and that a small fine (in comparison of what 
the Dean and Chapter now required of them) had wont to be paid, of which, they 
said, they often complained as a grievance, but never obtained hopes of relief from 
them. 

The council-board, after hearing the business, declared themselves dissatisfied wilh 
the tenants' proceedings, and the archbishop of Canterbury moved, that the Dean and 
Chapter might do well to proceed against them in the Star Chamber, and never to 
renew their leases to the tenants, or the children of them who did complain ; and that 
it wtre fit they should b eoraraitted to prUon till they did produca th schedule of 



204 THB 



CHRISTOPHEK POTTER, D. D. 

was nominated in January 1645,* to this deanry, but died in 
March following, and before he was installed : he was born in the 
barony of Kendal, in Westmoreland ; was educated in Queen's 
College, Oxford, and became a fellow thereof. In 1626, he 
succeeded Dr Barnard Potter, his uncle, in the provostship of 
his college, and the next year proceeded in divinity. When 
Dr Laud became a favourite at court, he was induced to be his 
follower, and thereupon esteemed an Arminian : In the latter 
end of the year 1635, then being chaplain in ordinary to the 
king, he was ma.de dean of Worcester; and in 1640, executed 
the office of vice-chancellor of Oxford, not without much trouble 
from the puritanical party : In the rebellion, he suffered much in 
the royal cause : Was a person greatly esteemed by all wiio knew 
him, for learning and piety ; Was exemplary in his manners 
and discourse ; of a courteous carriage, a sweet aud obliging 
temper, and a comely presence.f 

This period of time must not be passed over without observing, 
that archbishop Laud: was very urgent for the establishment of 
decent regulations in the church service, and particularly for 
placing the communion table at the east end of the church, and 
enclosing it with a rail, to secure it from profanation and com- 
mon business: but in 164-1, the commons interposing their 
authority in those matters, the table was ordered to be removed, 
the rails taken away, the chancel levelled, ornaments to be dis- 
used, as basons, tapers, candlesticks, &c. and that bowing at the 
hallowed name, towards the east, should be forborn. In short, 
the hour was come, when religious veneration was extinguished, 
and slovenliness, di,sorc,ler, and irreverence, sioiilaj- to. the rude- 
grievances subscribed by, the tenants, to discover their names ; 3d tkiM t&ey should 
pay so much money a they received ftom those tewjits (who iwapowered them to 
prosecute this their complaint) to one of the cie?ks of the council, and that nothing, 
should be deducted out of the same, tp allow the said Grey and Smith any thing 
towards the defraying of their charges or monies laid out about the prosecution of 
this business ; for, said the archbishop, he was. confident it was a practice against the 
Church, and did believe there was some further design in the business. 

Hereupon the council-board ordered, thajt Grey and Smith be com twitted to the 
gatehouse* and there to lie in prison, until they produce a schedule of the names of 
the subscribers, and that they did pay the money they had confessed to bave received, 
(\vhiqh was about the sum of eighty pounds) unto the hands of Sir William Beecher 
one of the clerks of the council ; which they paid accordingly, but continued in prison 
many weeks, because they would not deliver up the list of the tenants names that 
subscribed the petition ; but a parliament meeting April 13 next following, they were 
set at liberty by the council-board^ with out. delivering up the list of the tennants* 
names, and the paper of subscription containing their grievances. 

* llymer's Feed. voL xx. p. 528. 

i Ath. Oxon. vol. ii. p, 46. WilUYs QaU^ .voU I p. 2S5, 659. Grey's Notes, 
MSS. &c. 



THE CATHEDRAL. 205 



ness of a Jewish synagogue, were tolerated in the churches.* 
On the 6th of March, 1645, 

* The charges brought against Cosins (which hi the annals of that bishop, p. 1 1 78. 
were, referred to this period of the work) were, " That he set up a marble altar with 
" cherubims, in the cathedral of Durham ; that this with the appurtenances, cost two 
" thousand pounds ; that this ornamental furniture, which he calls appurtenances, 
" was a cope, the representation of the Trinity, and God the Father in the figure of 
" an old man. There was likewise said to be a crucifix, with a red beard and blue 
" cap. The dean was likewise accused for lighting two hundred wax candles about 
*' the altar on Candlemas-day : For forbidding the singing any psalms before or after 
" sermons : For making au afrlhem.tp be sung of the three kings of Cologn, Gaspar, 
" Balthazar, and Melchior j and for procuring a consecrated knife, only to cut the 
' bread at the communion." The answer Cosins gave in upon both, was to this 
effect, " That the communion table in the church of Durham, was not set up by 
44 Cosins, but by the Dean and Chapter, many years before he was prebendary of that 
" church ; and that Smart, the accuser, was one of that chapter ; that by the public 
" accdunts standing upon the register, the charge did not amount to above a tenth 
" part of what was pretended. That the copes used m that church, were furnished 
" long before Cosins' time; aqd that Smart was prebendary when they were bought, 
" and allowed his share of the charge. That Cosins never approved the picture of 
" the Trinity, or the image of God the Father in any figure ; and that to his know- 
4< ledge, there was no such representation in the church of Durkam. That the 
"crucifix, with a blue cap and a golden beard, was nothing but the top of^bishop 
44 Hatfield's tomb, which had stood in the church above two'hundred and fifty years ; 
" and that there was no such figure upon any of the copes, as is reported ip Fuller's 
" History. That by the statutes of the church, to which Smart was sworn no less 
44 than Cosins, the treasurer was to provide a sufficient number of wax lights for the 
" service of the quire during the winter season ; that there was never above two fair 
" cindles set upon the communion table ; that there was no more candles used upon 
" Candlemas-night that in the Christmas holidays ; and that the number of them was 
"lessened or increased in proportion to the congregation. That he never forbad 
" singing the metre psalms in the church, but used to sing them himself, with the 
44 people at morning prayer. That he was so far from directing the singing an 
" anthem to the three kings of Cologn, that at his first corning to Durham cathedral, 
" he ordered this superstitious hymn to be cut out of the old song books belonging 
" the choristers' school : That no such anthem had been sung in the choir during his 
" being there, nor, as far as his enquiry could reach, for threescore years befo're and 
44 upwards. That the knife used for cutting the bread at the communion, was never 
"consecrated, &c. &c." Coll. Eccl. Hist. lib. ix. p. 798, &c. 

The answer of the dean and prebendaries of Durham, setting forth the reasons 
why they could not possibly produce their booke of charter acles, as ordered 
by the Right Honourable the Lords of the .Upper House of Parliament. 
, Sans date, but probably about 17 April, 1646. 

First, they supposing, that the said booke might bee in one of the trunkes which 
were sent to Hull, at the time of the distraction upon the entringe of the Scottish 
armie, did send an expresse messenger to Hull, with a letter to Sir Thomas Glen- 
ham, governor of the towne, intreating him to open the said trunkes before good 
witnesses, and to search for the said chapter booke j as appeareth by their letter unto 
the said governor. 

2. That the said governor did find but one trunck of the churches there, in which 
the book of their chapter actes was not to be found, as appeareth by the letter and 
testimony under the hands and seals of those who opened, and searched the said 
truncke, by the governor's appointment. 

S. That the dean and prebendaries immediately after, sent another express mes- 
cnger to Durham, with letters to their chapter clerke, requiring him at his perill to 



206 THE CATHEDRAL. 



WILLIAM FULLER, D. D. 

was appointed dean of Durham ; but it is doubtful was never 
installed : He was born at Hadleigb, in Suffolk, the son of An- 
drew Fuller; received his education in Cambridge, and was 
much noted for his learning, piety, and prudence : Was chap- 
lain in ordinary to king James I. and king Charles I. and esteem- 
ed an excellent preacher; having preached several times before 
the king at Oxford. In 1636, he was made dean of Ely, and 
had the vicarial church of St Giles, near Cripplegate, London. 
" In the beginning of the rebellion, 1 64-2, he was sequestered 
" from his church preferment, imprisoned, and spoiled of all, 
" for his loyalty to his prince, by the impetuous and restless 
" Presbyterians."* After Oxford was surrendered, the dean 
retired to London, where he lived in obscurity and poverty, to 
an advanced age, and full of sorrows, till death released him 
from misery and fears, though not from persecution ; at the age 
of seventy-nine, he departed this life, on Holy Thursday, the 
12th of May, 1659 ; but the vengeance of those days of confu- 
sion followed him to the tomb, for his remains were denied 
interment in his own church of St Giles, so that his body was 
stolen to the grave, to the church of St Vedast, in Foster-lane, 

find out the said book, (whose charge properly it is) or else to come up himself in 
person, and give satisfaction to their lordships, why it could not be produced ? as 
appeareth by their letters to the said chapter clarke. 

4. That their chapter clarke is not come up, but hath sent his servant, who hath 
deposed before their lordships some things, wherein he may be deceived ; because it 
is certain that he is mistaken in deposing, that Dr Duncon was present at the making 
up of that trunk at Dr Clarke's house, in which the saide book was supposed to be. 

5. And therefore they do suppose, that that truncke is lost, either by the negligence 
of the said chapter clarke, (hee being in the ship where it was, and it being his proper 
charge to looke after it) or by the avarice of marriners, who finding it wcightie, (as 
being full or books) might suppose it was filled either with money or plate r or, if it 
were left behind in the registry, (wher usually it remained) it might be torn and 
destroyed by the Scottish soldiers, who broke open both their treasurie and registrie, 
defacingeand destroying therein many evidences; and, in all probabilitie, would have 
done so with all the rest, if they had not been restrained and severely punished by 
their officers, especiallie by serieant major general Bailie. 

6. All thes things are ready to be deposed by the dean or prebendaries, which they 
well hope their lordships will easily believe for these two reasons : 

7. First, that the losse of the truncke is most prejudiciall and disadvantages to 
them, as having in it many of their leiger books, counterpanes of scale, and other 
evidences and chartularies, which must bee of invaluable losse to the church of Dur- 
ham ; and they are confident, that the booke of acts would have cleared them very 
much concerning their proceedings with Mr Smart. 

8. Secondly, to shew that they have used their utmost diligence, they shall produce 
unto your lordships all the warrants, which possiblie could be found in their registrie 
for entering their actes into the said book. Which warrants contain the summe of 
all things that have been entered into that booke for almost twentie yeares ; which 
is before the time that any difference hath been concerning Mr Smart. 

* Ath Oxon. vol. ii, p. 729. 



THE CATHEDRAL. 207 



where it rests in the south aile. His daughter Jane, (who mar- 
ried Dr Brian Walton, bishop of Chester) on the restoration of 
peace and government to this country, caused a monument to 
be erected to his memory.* 

In the Annals of the Bishops are fully related, the circum- 
stances which befell this church during the usurpation ; and to 
which, for avoiding prolixity and repetition, we must refer the 
reader. 

On the commission of survey, issued, relative to the possess- 
ions of the church, the commissioners returned the certificate 
into the register office of the court of chancery at Durham, dated 
the 1st of October, 164? 9, stating the nature and tenure of the 
dean and chapter's lands, f 

* Ath. Oxon, voL i. and ii. Eccl. Hist. 752 Walker's Hist, part ii. p. 19 

Newcourts Report, vol. i. p. 357. Peck's Desiderata Curiosa, lib. xiv. p. 32.- 
Willis's Cath. vol i. p. 256. 

William Fuller, D. D. vicar of St Giles's, Cripplegate, first dean of Ely, afterwards 
dean of Durham, chaplain to king James, and afterwards to king Charles I. famous 
for learning, prudence, and piety, spoiled of all for his loyalty to his prince, lived 
obscurely, and when denied rest in his own church, he found it here. Born at Had- 
ley, in Suffolk, died on Holy Thursday, May 12, 1659. Put up by his daughter 
Jane, wife of Brian Walton, bishop of Chester, 

f 'Hie certificate of the commissioners appointed to survey the manors, lands, 
and tenements of the late Dean and Chapter of Durham, by vertue of a 
commission, grounded upon an act of the commissioners of England, as- 
sembled in Parliament, for abolishing of Dean and Chapters ; returned into 
the register office of the court of chancery, at Durham, 1st October, 1649. 

We, the commissioners of survey, appointed and authorised for the survey of the 
several manors, lands, tenements, and hereditaments, of the late Dean and Chapter 
of the cathedral church of Christ and blessed Mary the Virgin of Durham, by vertue 
of a commission to us granted, grounded upon an act of the commissioners of Eng- 
land, assembled in Parliament, for abolishing of deans, and deans and chapters, under 
the hands and seals of five or more of the trustees in the said act nominated and 
appointed ; having deliberately perused several very ancient records, leger books, 
haJmot court books, court rolls and accounts, belonging to the said Dean and Chapter, 
and yet remaining at Durham, and having also heard the deposition of many wit- 
nesses produced, touching the customary estates in reversion, claimed by the present 
tenants of the said late Dean and Chapter, thereby, and by all other lawful ways and 
means to inform ourselves of the truth of the said claim, do in all humbleness certify 
as follows. 

Imprimis, We do find, that the several manors, townships, and villages of 
Belsis, Billingham, Wolviston, Newton Bewly, Bruntoft, Coopon Bewly, &c. were 
part of the possessions of the prior and convent of Durham abovesaid, and very an- 
ciently belonging to the same. And we do hereby find, that it manifestly appears 
from the year of our Lord 1500, that there were constantly (till the dissolution of 
thp said prior and convent, which was about the 28th year of king Henry the 8th) 
several Halmott courts holden for the said prior at several times in the year, of and 
for the all or most of the said manors and premisses, at which courts, the several 
tenants of and within the said manors, townships, and villages, came and entered their 
purchases, took admissions as heirs or widows respectively, as the case required, and 
the entries thereof, were and are made cejrit de Domino, &c. such and such lands, 
faciendo Domino et vicinisque incumbent. $c. reddendo etjaciendo in omnibus prout, 
#c. Such an one the last tenant, reddidit etfadt and the like, as in copyhold* and 



208 THE CATHEDRAL. 



The year following dean Fuller's death 

JOHN BARWICK, D. D. 

was appointed to this deanry : He was born at Weatherslake, in 
Westmorland, in the year 1612, waseducated atSedbergh school, 
in Yorkshire, and admitted of St John's College, Cambridge, in 

customary estates is usual, and as by exceeding many antient and constant precedents 
and entries, doth and may appear. 

That afterwards, after the said prior and convent was so dissolved, and their pos- 
sessions, reversions, privileges, and inheritances, vested and settled by act of parliament, 
in the said king Henry the 8th and his successors, and conferred over amongst other 
lands and possessions, to a Dean and Chapter by him newly erected, and their suc- 
cessors, by his letters patents, bearing date the 1 6th day of May, in the 33d year of 
the reign of king Henry the 8th. 

That after that, all the tenants of the said prior and convent, with all the said ma- 
nors, villages, and townships, becoming tenants of the said new erected Dean and 
Chapter, did continue their holds and possessions in their said farmholds and land, 
and could not be prevailed withall by the said Dean and Chapter, to take leases for 
twenty -one years in writing, though but at the old rents, howbeit much laboured and 
endeavoured by them, as appeared by some few inconsiderable leases, made by them 
to strangers of their lands, in the nature of concurrent leases, and of the reversions 
thereof, which yet were constantly, and are to this day enjoyed by the then present 
tenants, or their assigns, or such as do derive their interest, or have descended from 
them ; the said lessees being employed, as it seems, to terrify the said tennants from 
their old way of holding into new leases, who yet continued in that manner, paying 
and performing the antient yearly rents and services accustomed, and very few leases 
were taken, till the 15th or 16th year of the late queen Elizabeth's reign, asby the 
receipt books and rentals plainly appears. 

That then many and great differences ensuing betwixt the said Dean and Chapter 
and their tenants, concerning their estates, customs, and services, and the manner 
of the holds, which the said Dean and Chapter endeavoured to have altered, the 
then honourable lords of her majesty's privy council, and the lords president 
and council of the north, who from her majesty was authorised to hear and deter- 
mine all differences of that nature in the northern counties, called before them the 
said parties concerned ; and upon full and deliberate hearing and consideration had 
of the several demands, objections, and answers, of all the said parties, and bj 
and with the consent of the said Dean and Chapter ; did for the further and quiet 
settlement of the said estates, customs, holds, and services, make, decree, declare, and 
sett down their order, which was entered, as well in the books of orders and decrees 
of the said president and council, and of the privy council, as in the court of chan- 
cery at Durham, bearing date the 17th of August, in the 19th year of the reign of 
the said late queen Elizabeth ; thereby ordering amongst other things, that the said 
tenants should hold their lands and tenements from the said Dean and Chapter by 
lease for twenty-one years, and so from twenty-one years to twenty-one years for 
ever, paying only three years Jine at the most, for renewing a lease for twenty-one 
years as aforesaid } and in consideration thereof, the said tenants to continue the 
performance of their ancient and accustomed service in the wars, with horse, man, 
and furniture, upon the borders and marches of England towards Scotland, for the 
space of fifteen days without wages, when' the said Dean and Chapter or their suc- 
cessors should require. 

That the then Dean and Chapter in approbation thereof, and consenting thereto, did 
confirm the same under their Chapter seal, bearing date the 27th day of February, in 
the 20th year of the reign of the late queen, and in observation, and pursuance of 
the said order, in relation to the three years fine therein specified ; the said Dean 
and Chapter did, by their chapter act or grant, bearing date the 12th day of April, 



THE CATHEDRAL. 209 

1631, of which he became a fellow: Was incorporated bachelor 
of divinity at Oxford, in February, 1661 ; and was a chaplain to 
bishop Morton, who, in 164-5, collated him to a prebend in this 
church, and when that prelate fell in the political confusion of 
the times, Dr Bar wick was turned out of his fellowship and pre- 
bend : It is said he assisted Dr Hewitt in the melancholy duties 
of the scaffold ; and was highly instrumental in king Charles 1 1.'s 
restoration.* On the king's return, he became doctor in divini- 
ty^ and chaplain in ordinary to his majesty ; and in considera- 
tion of his great sufferings, imprisonment, and persecution in the 
royal cause, had the deanry of Durham conferred on him, and 
was installed on the 1st of November, 1660, by his proxy, Dr 
Carlton : He preached at the cathedral on the occasion of Dr 
VOL. ii. 2 D 

Anno Domini, 1626, order and appoint, that the said tenants should have their leases 
renewed from time to time without difficulty or delay, paying a year's fine every 7th 
year, without any other exaction or demand, which by true account, is three years fine 
for a lease for twenty-one years, as by the aforesaid order is limited and appointed. 

And it doth also appear unto us, by the oaths of several persons produced and 
sworn thereby, and by all other lawful means, to inform ourselves of the truth of the 
claim made by the said tenants of a customary estate in reversion, in their tenements 
and farmholds after the expiration of their present leases : That the said tenants have 
accordingly had their leases renewed from twenty-one years to twenty-one years, 
and their fines never exceeded above three years rent at improvement, from time to 
time for twenty-one years paying three years rent at the improved value, clear profit, 
ultra old rent and service, at a fine for a lease for 21 years, and to pay and perform 
their ancient yearly rents and services accustomed : And the said tenants have always 
had their leases renewed from twenty-one years to twenty-one years, and their fines 
never exceeded above three years rent at the improvement as aforesaid. 

And it also appeared by the evidence, upon oath of diverse witnesses .'sworn and 
examined, that the said tenants right or trust in any estate in reversion so claimed 
as aforesaid, of and in the premisses, was so considerable in the general repute of 
the inhabitants of that county and the parts adjacent, as that the said lands and tene- 
ments was usually alienated and sold within three years value at the most, of free- 
hold and fee simple lands ; and that the said tenants did usualy alienate and sell their 
said tenant right or customary estates for five years purchase at the least ; and that the 
said Dean and Chapter themselves, even when all the term of years in several leases 
of the said tenants were expired, did offer five years purchase, and sometimes more, 
to such tenants for their tenant right, or customary estate so claimed as aforesaid, 
in case such tenants were not willing or able to pay the usual fine for renewing 
their said leases. 

And it doth further manifestly appear unto us, that the livelyhood and subsistance 
of many hundred families in the said county, do solely depend upon the said tene- 
ments and farmholds, and the benefit they expect by their said claim of a customary 
estate and tenant right as aforesaid ; and that diverse of the said tenants and their 
ancestors have continued some hundreds of years in the possession of their tenements, 
as it appears by the court rolls of the said late Dean and Chapter aforesaid. 
Wm. Hopkins, Anth. Wilson, Wm. Feilden, 

Thomas Canby, Gilbt. Marshall, Wm. Parkinson. 

Hen. Lamby, 
* Each. Hist. 751. f By the king's mandate sent to Camb. dated 21 June, 1660. 

jj^ It is the Author's intention only to give a general character, where he goes 
into particulars it is relative to offices in the church. In Biograpb. Brit. vol. 
i. p. 523, the reader will find this person's history at large. 



210 THE CATHEDRAL. 



Cosins* election to the See : In the same year, he had the rich 
rectory of Hough ton-le- Spring, which he held till December, 
]661. Whilst he held the deanry, he caused the cathedral and 
all the prebendal houses to be repaired ; erected the gram mar- 
school from the ground, and made it a nursery of good literature. 
He brought water into the college, to supply the occasions of all 
the prebendaries' houses ; reformed the manners of his clergy, 
and augmented the salaries of the poorer sort ; and did many 
other public acts for the benefit of his church.* The chapter not 
only gave their consent to all these matters, but did all in their 
power to promote them ; yet they were so far from exacting in 
the fines on their leases, and were so beneficial to all the poor, 
that, in an age very little favourable to the clergy, they are 
mentioned with honour for their humanity, candour, and piety. 
Nay, in many cases, they were so bountiful as to recede from 
their own right, in favour of their successors, that the revenues 
of the church might descend to them with some augmentation. 
Tempora mutantur ! 

On the 19th of October, 1661, he was removed from Durham, 
and made dean of St Paul's ; and in the same year, on Dr Fearn's 
being made bishop of Chester, was chosen prolocutor of the con- 
vocation, and held the same till his death, which happened on 
the 22d of October, 1664-, set. 53. His remains were interred at 
St Paul's, and an elaborate epitaph was inscribed on his rnonu- 
ment.f He wrote and published many sermons and other 

* See the life of dean Barwick, wrote by his brother, Peter Barwick, M. D. in 
Latin, and afterwards published by him in English, with notes, &c. 1724. Wood's 
fasti Ath. Oxon. vol. ii. p. 50, 2d edit. Willis's Cath. vol^ i. p. 256. Rennet's 
Reg. 524. Ibid. 302. His behaviour at Durham, ibid. 629. Newcourt's Rep. 
vol. {.Walker's Hist, of Suff. Clergy, part ii. p. 20. 

f Amori etaeternitati. Etiam sua non parum obstetricante ir.anu. 

Quisquis es viator, Qui deinde functus 

Oculum, animum hue adverle, lege, luge. -^ natu j Dunelmensi paucis mensibus, 

Jacent sub hoc marmore ( Pauline vero triennio, 

Tenues exuviae nontenuis animae Parum diu utroque, sed fideliter; 

JOHANNIS BARWICK, S. S. Th. D. Tandem (post caelibatum 

Quern suum Cumprimiscestecumprimissanct cultum) 

Natalibus gloriatur ager Westmoriensis, Labepulmonum, etcurispublicisconfectus, 

Studiis academia Cantabrigiensis, Heic requiescit in Domino, 

AdmissumsociuminS.Johanniscolegium, Atque inter sacras JEdis Paulinas ruinas 
Indeque, quod magis honori est, Reponit suas, 

Pulsum a rebellibus. (Utrasque resurrecturas securus) 

Qui nee perduellium rabiem, Anno \ JEtatis LIII. 

Naechaemotysin, quamvis aeque cruentam, J ( Salutis MDCLXIV. 

Et certius heu ! tandern percussuram, Csetera scire si velis, 

Quicquam moratus, Discede, et disce 

Pro rege et ecclesia summe ardua molitus, Ex illustri primsevae pietatis exemplo, 
Diro carcere perquam inhumana passus, Etiam sequiore hoc seculo, 

(Inconcussa semper virtute) Quid sit esse veri nominis 

Renatum denuo vidit et diadema & insulam, Christianum. 



THE CATHEDRAL, 211 



things, among which was the Life and character of Dr Morton, 
before mentioned. Upon being informed of his intended remo- 
val from the deanry of Durham, he instantly put a stop to all 
leasing of farms, (even some, where the fine had been already 
agreed upon between the chapter and the tenants) that the reve- 
nue of the deanry might come more intire to his successor, who 
was soon to take possession of it.* This and other acts of seve- 
rity, occasioned the tenants to petition the king, setting forth 
their grievances, especially a breach of those ordinances which 
were made in the reign of queen Elizabeth.f The petition was 
referred to commissioners ; an answer was given by the dean and 
chapter, in 1662, and an interlocutory order was made in the 
matter ; but whether any final determination was had, we can- 
not at present ascertain. J 

2 D 2 

* The chapter lands, such as belong to the body in common, are let here, as in 
other churches, by a lease for twenty-one years, on a fine payable every seven : But 
each corps is let, as gentlemen let their estates, or parsons their glebe, at a rack rent, 
without any fine, and at as high a yearly value as they can. 

f See page 1 93. 

t The proceedings of the Dean and Chapter of Durham, against their rebellious 
tenants, before the kings commissioners. 1661. 

To the KING'S most Excellent MAJESTIE. 
The humble PETITION of several ancient tenants to the Deane and Chapter of 

Durham, on bebalfe of themselves and others, 
Sheweth, 

That for divers hundreds of years before the dissolusion of the pryor and covent 
of Durham, your petitioners auncestors, and those under whome they clayme, held 
their lands to them and their heirs, under certain rents, services, and customes, by 
coppy of court roll, as by the entries thereof in the court rolls of the said pryor and 
covent may appeare. 

That the Deane and Chapter immediately after the dissolution, endeavouring 
generally to breake the said customes, prevayled with some, and constrayned others 
to take leases, whereupon in the tyme of queen Elizabeth, upon complainte made to 
her majestic and privy councell, and upon reference to, and heareing of the said 
cause before the lord president and counceli in the north, and upon heareing both 
partyes in the 19th yeare of her raigne : It was decreed, that the tenants and their 
heires forgoeing their customary estates, should have their leases renewed from 
twenty-one yeares to twenty-one yeares for ever, according to a precedent thereunto 
annexed, with certaine provisoes of widowes estates, and other agreements in the said 
decree, confirmed by the Dean and Chapter of Durham the 20th of Elizabeth, and en- 
tred in their register, and inrolled in the chauncery, of Durham, as by an exemplifi- 
cation thereof, under the countye palatyne seale may appeare. 

That the said Chapter, consisting of a deane and twelve prebends, designeing to 
breake this way of holding alsoe, devyded the whole deanery amongst them by lot- 
tery, and for raiseing fines, some prebend lett leases to kinsfolks and servants, over 
the tenants heads, menaced others, and by such like artifice, gott some to submitt to 
leases according to the lords' order, and others to accept of leases for twenty-one 
years, (simply as they termed it) and soe to destroy the lords order ; but for the most 
parte at three yeares old rent for a fine or- little more ; and afterwards the said Chap- 

See this in page 193. 



212 THE CATHEDRAL. 



On Dr Barwick's promotion, 

JOHN SUDBURY, D. D. 

succeeded to this deanry, and was installed on the 25th of Fe- 

ter insisted upon three yeares rake-rent for a fine of twenty-one yeares, and after- 
wards demanded a seaven penny, (that is) a full years value every seaven years, and 
halfe a years value for a renewall every three years and a halfe ; thus by their power 
and greatnes overswaying the tenants into what termes they pleased, contrary to the 
true intent, meaneing, and judgment of the said decree. 

That wearied and impoverished in their livelyhoods and estates by these doeings ; 
the late powers exposing these landes to saile, your petitioners, as well throwgh 
necessity to secure them, being all in lease for years then generally expireing, as 
alsoe to reduce their poore perplexed selves and estates to some kind of certainty, did 
purchase the same. 

That notwithstonding their auncient holdings as aforesaide, your majesties decla- 
ration from Breda, and letters to the archbishops in behalfe of old tenants and pur- 
chasers, whereby your petitioners were incouraged and hoped to renew leases with- 
out fine, being in a better and different condition (the customes of their holdeings 
considered) from most of the tenants in England, but on the contrary, the Deane 
and Chapter demand greater fines of your petitioners than ever were paid in the 
worst of times, and before they were purchasers. 

But findeingethat the said Deane and Chapter have as little consideration of your 
majesties said declaration and letters, as of the just desyres of your petitioners ; 

Your petitioners are bound in all humility to have recourse to your majesties grace 
and favoure as their last refuge, and humbly to beseeche your majestie, either by 
recommending your petitioners condition to the consideration of the two houses of 
parliament, or otherwise, as to your majesties princely wbedome shall seeme meet, 
to render your most gracious intentions manifested in your majesties said declaration 
and letters, effectual for the reliefe of your petitioners. 

And your petitioners, as in duty bound, shall pray, &c. 
Nich. Hall, Ralph A damson, John Hopper, 

John Hobson, John Welsh, John Ingleby, 

Richard Newton, John Watson, Wm. Shepperdson, 

Nich. Wood, John Cooper, Tho. Tcdd, 

Mich. Robinson, Ralph Suddicke, A nth Daile, 

John Brough, Tho. Taylor, Philip Brough, 

Geo. Gray. 

At the Court at Whitehall, the 4th Mxrch, 1661. 

His majestie is graciously pleased to refere this petition to the lords, and other 
the commissioners, authorized for the examination of the late pretended sailes of 
crowne and church lands, to examyne the allegations herein mentioned, and to give 
such order for the petitioners reliefe, as shall be fitt. 

RA. FREMAN. 

Vera Copia Isa. Troughton, 

Tho. Marsh. 

Friday, April 4th, 1662. 

Inner Starr ) By the lords and others his majesties commissioners, authorised for 
Chambr. ( examination of the late pretended sailes of crowne and church lands. 
Upon readeing the humble petition of the auncient tenants to the Deane and 
Chapter of Durham, directed to the kings most excellent majestie, and by his ma- 
jestie referred to the sayd commissioners : It is ordered, that a copy of the sayd 
petition and reference aforesayd, be shewed unto the said Deane and Chapter, who 
are desyred to consider of the allegations therein contained, and to agree the matters 
in difference betwixt them and the petitioners, if they can ; if not, to returne their 
answere in writeing to the sayd petition ; and how the matter of fact stands, to the 
sayd commissioners, upon Friday the thirtith day of May next; and the sayd Deane 



THE CATHEDRAL 213 



bruary, 1661. He was born at St Edmondsbury, and before his 
coming to the deanry, was one of the prebendaries of Westmin- 

and Chapter are desyred to doe noe act to the prejudice of the petitioners, or any of 
them, by granting any new or concurrent lease or leases, whereby the petitioners 
present interests or possessions in the premisses may be hurt or disturbed, whilest 
the same is under their lordships consideration, and untill his majesties pleasure be 
further knowne herein. 

Signed in the name, and by order of the said commissioners. 

ISA. TROUGHTON, 
THO. MARSH. 

The ANSWER of the Deane and Chapter of Durham, to a petition exhibited 
against them to his majestic, by some of their tenants, and by his majestic 
referred to the lords and other commissioners authorized for examination 
of the late pretended sailes of crowne and church lands. 

IN obedience to your lordship's order of the 4th of April 1662, these respondents 
say; 

That the petition, which is not onely against the present Deane and Chapter but 
against all their predecessors from the first foundation, hath not any thing in it, which 
is not either impertinent or false, as wee are ready to prove in every particular. 

I. Whereas they call themselves the auncient tenants of the Deane and Chapter 
of Durham, the first of them is not soe much as a tenant, but onely a purchaser of a 
farme belonging to the said Deane and Chapter, which he purchased of one that had 
formerly purchased the sayd farme from the trustees of the late usurpers, but was 
never the tenant of that farme to the Deane and Chapter : And as for all the rest of 
the petitioners, who were formerly tenants to the Deane and Chapter, and do still 
possesse their lands, there is not one of them that wee knowe that hath any lease in 
being, or hath made any application to the respondents, for the renewing of his lease, 
neither hath any one of them pay'd any rent to the church since the late pretended 
dissolution of deanes and chapters, and some of them being required to pay their 
rents, answere, that they have purchased their rents. 

II. Whereas they alledge, that their ancestors, and they under whom they hold, 
held their lands to them and their heires, under certaine rents, servyces, and customes, 
by copy of court roll, alledgeing for proofe thereof our booke of entries ; these res- 
pondents say, that they have searched their booke of entries, and have not found any 
one tenant that ever held any of their lands to him and his heires, but onely for a 
terme of yeares, sometymes six, sometymes nine, but for the most parte but three, 
with condition, to be obedient to the pryor and covent, and provisoe (that if they 
dyed before that terme were expired) the grant to be voyd. 

III. Whereas they alledge, that ymediately after the dissolution of the priory and 
covent, the Deane and Chapter endeavoureing generally to breake the said customes, 
prevayld with some, and constraynd others to take leases ; wee answere that it is 
true, that ymediately after the dissolution of the priory and covent, the Deane and 
Chapter did lett almost all their lands by leases, some for sixty years, some for eighty, 
and some for more, but generally for but one and twenty years, which way of holding, 
being much better for the tenants, then that which they had befure, wee cannot un- 
derstand, what need there was of any artifices or constrainte to bring the tenants to 
that way of holding their lands. 

IV. Whereas they alledge an order of the lord president and councell of the north 
in the tyme of queene Elizabeth, wee answere, first, that there is a provisoe in that 
order, that nothing therein conteyned, should extend to such tenants as formerly held 
their lands by lease, but only to such as called themselves tenants by customes, and 
were reputed by the Deane and Chapter to be onely tenants by curtisy : Secondly, 
the order of the lords concerning those tenants, was made in consideration of border 
service, which is long since ceased : Thirdly, that the order of the lords was so little 
in favoure of the tenants, that some of them refused to take leases, according to that 



11* THE CATHEDRAL. 



ster: He suffered all the distresses attending the distracted 
state of the church during the usurpation, with great magnani- 

order, and others chuse rather to take leases simply : Fourthly, that all the leases for 
diverse years since, are without any referrence to such order, and as if there never 
had beene any such order. 

V. Whereas it is alledged that the Deane and Chapter designeing to brake this 
way of holding, also devyded the whole deanery among them by lottery; weanswere, 
First, that the Dearie and Chapter for diverse years before the order of the lords, did 
divide many leases among themselves by lottery, but never since that order, and 
therefore it could not be with designe to breake that order : Secondly, that if the 
Deane and Chapter devyded the whole deanry by lottery, the petitioners cannot de- 
rive their succession beyond those lotteryes, and therefore have not reason to complaine 
of them, nor pretence for holding from their auncestors before there was any Deane 
and Chapter as they al ledge in the beginning of their petition. 

VI. "Whereas they alledge that such tenants as were brought to accept of leases 
from such prebendaries as they fell unto by lott, paid but three yearcs old rent for 
five or little more ; it is false that they paid but three years rent or little more, for 
compareing the fines with the old rents, wee finde the fines oftentimes above tenn 
times soe much as the old rent, and sometymes above twelve time soe much, as for 
21. 6s. 8. rent, 301. fine for a farme in Ayckliffe, in the name of Edward Thompson ; 
and for 33s. 4d. rent, 20L fine to Richard Hutchinson for farme in Burdon ; and 
for a tenement in Westow, 21, 15s. 4d. rent, 581. fine, which is neare fourteene tymes 
the old rent, which considering the proportion that was then betweene the rent and 
the true value of the lands, and the great disproportion, which is now by reason of 
the great increase of money, may be thought as great fines, as those which have been 
demanded since. 

VII. Whereas they accuse these respondents of not regarding his majesties late 
gracious declaration and letters, and the just desyres of the petitioners, which are to- 
renew their leases without fine : Wee answere, that wee conceive they have made 
this accusation generall, because they are not able to instance any one particular ; and 
we desyre them to name any one tenant that hath made application to us, who hath 
not beene offered more in consideration of his purchase, and demanded lesse for fine, 
than is usualy offered and demanded by any church in England in treating with 
their tenants. 

Wee therefore humbly desire your lordships, that the petitioners may be required 
to make proofe of their allegations, which wee know they cannot ; and although wee 
conceive wee are not bound to disprove them, wee are ready to shew the falsehoode 
of them, and the truth of every thing wee have affirmed, that it may appear to your 
lordships, how impudently they have abused his majestic, with a complicacion of many 
false allegacions, troubled your lordshipps, and slandered theire landlords, by whose 
favours they have enjoyed theire livelyhoods at soe easye a rate, as ought to have 
beene acknowledged by them with much thankfulnes. 
Fryday, June 6th, 1662. 

Inner Starre ") By the lords and others his majesties commissioners authorized for 
Chamber C examination of the late pretended sailes of the crowne and church 

) lands. 

Whereas the cause upon the peticion of several auncient tenants who subscribed 
the peticion on behalfe of themselves and the rest of the tenants of the Deane and 
Chapter of Durham, presented to the king's most excellent majestie, and by his ma- 
jestic referred to the said commissioners, and the anawere of the saide Deane and 
Chapter of Durham to the said Peticion t was by order of this board of the 30th May 
last, in behalfe of the said Deane and Chapter, appointed to be heard this day ; and 
the said deane and his councell appeared, and J\lr Hooper, solicitor, in behalfe of the 
peticioners, who alledged, he had noe notyce of the aforesaid order, and that the wit- 
nesses to make good the [allegacions of the peticioners in theire said peticion, lived 



THE CATHEDfcAL. 215 



mity arid virtue of mind ; retaining his loyalty, and suppor- 
ting the clerical character with dignity and fortitude : Was a 
great benefactor to his native place ; and shewed an exalted and 
munificient spirit while clean of Durham : He began to build the 
present library in the cloister where the refectory stood, and ex- 
pended thereon 15001. or as others say, 10001. but died before it 
was completed : The vicarage house of Billingham, in this coun- 
ty* was built by him. The dean departed this life in the year 
16 34, set. eighty, and was interred in the cathedral church, be- 
fore the dean's stall in the choir : His tomb-stone was inscribed 
with the epitaph given in the notes.* Possessed of a considera- 

remote, and could not be ready against this day, and therefore prayed further tyme; 
but the deane and his councell pressed for the present heareing of the said cause, 
bein" by order of this board of the 4th of April last, tyed up from leting or leasing 
any of the lands belonging to the said Deane and Chapter (all the said tenants in the 
meane tyme refuseinge to make payment of the reserved rents) till the said cause be 
determyned by this board, and his majesties pleasure further knowne ; and therefore 
alledged, that the peticioners and the rest of the tenants on whose behalfe reliefe is 
prayed by the said peticion, being many, and in effecte tenants of all the said lands 
belonging to the said Deane and Chapter ; the delay of heareing of the said cause 
will tend very much to the prejudice of the said Deane and Chapter : The commis- 
sioners upon debate and consideration had of the said case, and prejudice which may 
accrue to the saide Deane and Chapter, by the delay of heareing of the said cause 
prayed by the peticioners : doe order, that the clause of theire said former order of 
the 4th of April last aforesaidi whereby the said Deane and Chapter are desyred to 
doe noe act to the prejudice of the peticioners or any of them, by granteing any new 
or concurrent lease or leases whereby the peticioners present interests or possessions 
in the premisses may be hurt or disturbed, whitest the same is under their lordshipps 
consideracion, and untill his majesties further pleasure were knowne herein, be vacated 
and discharged : And further order, that the peticioners have liberty to appoint their 
owne day for heareing the merrits of the cause upon their said peticion, they first 
paying all the arrears of the reserved rents from them due to the said Deane and 
Chapter, and producing a certificate under the hands of the said Deane and Chapter 
of the receipte thereof, which certificate upon their said payments, the said Deane 
and Chapter are hereby required to signe and deliver to the said peticioners. 
Signed in the name and by order of the said commissioners, 

ISA. TROUGHTON, 
THO. MARSH. 
5" A bill was filed the 10th November, 1662, to which the Chapter answered, 

and exceptions were taken thereto, but reported sufficient. 

* He left 15001. per annum to Sir John, and gave 5 or 60001 portion to his niece. 
Gray's Notes, MSS. Epitaph. The tomb-stone is removed. 
Quicquid moitale habuit, 

Heic deposuit 

In spe beatae resurrectionis- 

JOHANNIS SUDBURY, 

S. T. P. 

Pietate, eruditione antiquis moribus, 
Gravitate, integritate vitse, & sancta canitice, 

Vir vere reverendus ; 

Qui in funestissimis magnae rebelliom's temporibus 

Magno animo, & inconcussa in regem fidelitate 

Multa perpessus 



216 THE CATHEDRAL. 



ble estate, he devised the same to his nephew Sir John Sudbury ;* 
after his own death and that of his lady, it was limited to the 
dean's niece, who married Mr Tempest, of Old Durham, and 
with whom the dean gave a large portion.- He was succeed- 
ed by 

DENIS GRANVILLE,f D. D. 

a younger son of the loyal and valiant Sir Bevil Granville, and 
brother to John, the first earl of Bath of that family. After a sui- 
table education, in September, 1657, he was admitted a fellow com- 
moner of Exeter College, in Oxford. On the 28th of September, 
1660, was created master of arts ; and soon after, marrying Anne, 
youngest daughter of bishop Cosins, was collated by his lordship 
on the 16th of September, 1662, to the archdeaconry of Durham : 
and to the first prebend in the cathedral church, which he ex- 
changed for the second, April 16, 1668. He had also, of his gift, 
the rectories of Easington and Elwick ; and in the room of the 
latter, the living of Sedgefield. But he took a very regular and 
exemplary care of them, in the clue discharge of all ministerial 
functions, as appears by the directions given to his curates, prin- 
ted among his works. On the 20th of December, 1670, he was 
created doctor in divinity, being then chaplain in ordinary to his 
majesty, as he had been for several years before ; and on the 
14ih of December, 1684, was installed dean of Durham. Thus 
possessed of such great preferments, he might have long enjoyed 
them with much profit and honour to himself and friends; and 
have continued to be an ornament to his function, and a general 
benefit to the world : But some absurd notions entertained of the 
unlimited extent of the prerogative, together with the strict ad- 
herence to the doctrines of passive obedience and non-resistance, 

Regno & ecclesia (numinis favore) restauratis, 
Prebendarius primum Westmonasteriensis, 

Dein 
Decanus Dunelmensis 

Factus 

Eo munere per annos XXII. 
Et quod excurrerat in egre, cum laude functus 

Decesst an. 

JEt. 80. salutis, 1684 

Abi lector & aeternitatem cogita. 

* Created a baronet 25 June, 1685, by the name of Sir John Sudbury, of Eldon, 
in the county of Durham. 

In dean Sudbury's time the archbishop of York claimed the guardianship of 
spiritualties, during the vacancy of this See, and it came to a solemn hearing ^when 
a determination was made in favour of the Chapter. 

The articles of evidence, &c. are collected in Rudd's MSS. 
f So he writ his name, and sometimes Grenville. See his works, to which is pre- 
fixed a portrait. 



THE CATHEDRAL. 217 



involved him in inextricable difficulties. For, possessed with 
the indispensableness of their obligation, upon the prince of 
Orange coming to rescue this nation from the dangerous attempts 
made upon our religion and liberties, the dean opposed the mea- 
sures taken for our common safety to the utmost of his power : 
by preaching, delivering charges to the clergy, sending up an 
address to king James, and subscribing a sum of money for his 
service. And when all his endeavours proved ineffectual, he was 
so entangled with those absurd doctrines, that, rather than sub- 
mit to king William, he chose to lose his great preferments, and 
go into a voluntary exile; and, quitting Durham the llth De- 
cember, 1688, he arrived the 19th of March following, at Hon- 
fleur, in France. In February, 1689, he took a hazardous jour- 
ney to England, whereby he got a small supply of money, to 
subsist abroad. His brother, the earl of Bath, (who was warm, 
in the interest of the prince of Orange) endeavoured for some 
time to secure his revenues ; but as no considerations whatever 
could induce him to swear allegiance to king William and queen 
Mary, he was at length deprived of all his preferments, February 
1, 1690. He not only refused himself, but likewise did all in 
his power to deter, or rather to terrify others from taking the 
oaths, by representing the revolution as a rebellion and usurpa- 
tion. Having no prospect, after the late king James's defeat in 
Ireland, of recovering his benefices, he repaired to the abdicated 
monarch's court, at St Germain: where, though he had rea- 
son to expect an uncommonly kind reception, yet, because he 
was a protestant, he was soon obliged to retire, not only from 
court, but also from the town. J Tis said, that upon the death of 
Dr Lamplugh, he had the empty title of archbishop of York 
conferred upon him by king James. In 1695, he came incognito 
to England, where he found no encouragement to make any 
stay. Having for some years enjoyed but an indifferent state of 
health, he died at his lodgings in Paris, the 8th of April 1703, 
aged 64, and was buried at the lower end of the church-yard of 
the Holy Innocents in that city. His nephew, lord Lansdown, 
draws his character to great advantage in the following words ; 
- " Sanctity sate so easy, so unaffected, and so graceful upon 
" him, that in him we beheld the very beauty of holiness. He 
? e was as chearful, as familiar, as condescending in his conversa- 
" tion, as he was strict, regular, and exemplary in his piety ; as 
" wellbred and accomplished as a courtier, and as reverend and 
" as venerable as an apostle. He was indeed apostolical 
" in every thing, for he abandoned all to follow his lord 
VOL. ii. 2 E 



218 THE CATHEDBAL. 



" and master." From this man's example, we may learn 
the great danger and mischief of propagating absurd and unrea- 
sonable doctrines. Since there will always be found some person 
or other, that will embrace and stiffly defend them, though ne- 
yer so much to their own, or others prejudice : All not being 
equally endowed with the same penetrating genius, or not having 
a yielding conscience alike.* 

THOMAS COMBER, D. D. 

was installed dean on the 15th of June, 1691, on the deprivation 
of Granville : He,had his education in Sydney College, Cambridge; 
in 1677, was made prebendary of York, and had the stall of 
Holme; and in 1681, was removed to the prebend of Fen ton in 
that cathedral : In 1683, he was collated to the precentorship 
there, by archbishop Dolbean : After the revolution, was made 
chaplain in ordinary to king William and queen Mary, and ob- 
tained the deanry of Durham by the recommendation of lord 
Fauconberg and archbishop Tillotson :f There was allowed him 
1601. for dilapidations in his deanry, which was never recei- 
ved ; yet he expended in reparations about 4-001. He departed 
this life on the 25th of November, 1699, set. 55, and was inter- 
red at Stonegrave in yorkshire.J 

HON. JOHN MONTAGUE, D. D. 

fourth son of the earl of Sandwich, was installed the 19th June, 
1699. In 1860, he was appointed master of Sherburn hos- 
pital, in this county. In 1683, he was made master of Trinity 
College; in 1687, chosen vice-chancellor, and prebendary of the 
fourth stall in Durham cathedral, and after of the eleventh. He 
died on the 23d of february, 1727, set. 73, and was interred at 
Barnnoll, the burying place of the family, 
On Dr Montague's decease, 

See Biog. Britan. vol. iv. p. 2259. Willis, vol. i. p. 260, &c. Wood's Ath. 
Oxon. vol. ii. p. 959, 2d edit. Kennel's Hist. England, vol. iii. General Diet, 
vol. v. p. 557. Birch's Life of Tillotson, p. 202. 

f Dr Birch's Life of Tillotson, p. 378. 

| MS. 

Siste, viator, gradum ; Morae non erit dispendium scire, quanti viri venerandos 
premis cineres. Exuvias mortales (perenni felicitati matures) heic deponi voluit 
Thomas Comber, S. T. P. grande nomen, pluribus haud opus ; vir pietate, erudi- 
tiohe, ingenio, judigio ceterisque animi dotibus clarus ; majora vero tingentem non 
audis panegyrin ob sanctse matris ecclesise Anglicanae causam ; quoad doctrinam, 
caitum, disciplinam contra novatores omnes scriptis feliciter defensor, dignus haud 
simplici marmore; Gulielmo & Maria?, principibus illustrissimis a sacris ; ecclesiae 
Dunelmensis per decennium, breve nimis, decanus ; ad maxima quaeque capessenda 
idoneus adque altiora munera promovendus, nisi publicis votis obstitisset mors invida. 
Blura licet meritis debita non capiet marmor : Probis omnibus luctum, et sui desi- 
derium relinquens, decessit 25 die Novembris, 1699, an. salutis, aetatis 55, provectiore 
senio, modo visum Deo, dignus. Willis, Cath. vol. i. p. 257. 



THE CATHEDRAL. 219 



HENRY BLAND, D. D. 

was appointed to thisdeanry, and installed the 6th of May, 1728, 
by his proxy Mr Walter Ostley : He was a native of Yorkshire, 
and received the first rudiments of literature at Eton school, 
where he contracted a friendship with Sir Robert Walpole : 
Was admitted scholar in King's College, Cambridge, in 1695, 
in which year Sir Robert also took his admittance : Was made 
rector of Harpley,* on the death of Dr Henry Colman, in the 
year 1715, by the presentation of William Hooks, Esq; and 
Elizabeth his wife, which living he held to the time of his death : 
Was made chaplain to the king, and also of the royal hospital at 
Chelsea, in 1716 ; took his degree of doctor in divinity in 1717 ; 
and was appointed master of Eton School 1719: On the 1 3th 
of December, 1723, was installed canon of Windsor, and ad- 
mitted dean of Durham the 12th of March, 1727 : In February, 
1732, he resigned his stall in Windsor, on being made provost 
of Eton College: Died at Eton on the 24th of May, 1746, and 
was interred in a vault in the antichapel there ; leaving two sons 

and three daughters. To him succeeded 

THE HON. SPENCER COWPER, D. D. 
a son of lord chancellor Cowper: He was installed on the 21st 
of July, 1746, by his proxy Mr Wadham Knatchbull : Was 
rector of Fordwich in Kent, and also one of the prebendaries of 
Canterbury, which he resigned on this promotion : He died at 
the deanry house on the 25th of March. 1774, set. 62, and was 
interred in the east trancept of the cathedral church called the 
Nine Altars, where a monument is erected to his memory, f 

THOMAS DAMPIER, D. D. 

was installed dean on the 17th of June, 1774 : Was prebendary 
of Canterbury, which he exchanged for a canonry at Windsor. 
Installed in the second prebend at Durham, the 20th of April, 

2 E 2 

* Parkin's Hist, of Norfolk, vol. iv. 561. 

f This marble is erected 
To the memory of the honourable and rererend 

SPENCER COWPER, D. D. 

Youngest son of William earl Cowper, 

Lord high chancellor of Great-Britain, 

In the reign of queen Anne, and king George I; 

He was made dean of this cathedral, 

In the year 1746; 

And, after a life spent in a steady uniform practice 

Of unaffected piety, friendship humanity, and charity, 

Died at the deanry, in the 62d year of his age, 

On the 25th day of March, 

1774. 



220 THE CATHEDRAL. 



1771 ; and exchanged it in Marcfy 1773 for the master-ship of 
Sherburn hospital, wherein he was inducted the 10th of the same 
month, and afterwards resigned : it in favour of his son, the late 
bishop of Ely. Died at Bath the 31st of July, 1777. 

HON. WILLIAM DIGBY, LL. D. 

dean of Worcester, and canon of Oxford, was installed dean of 
Durham the 20th of September, 1777. 

DR JOHN HINCHCLIFFE, 

bishop of Peterborough, succeeded Dr Digby, and was installed 
in October 1788. 

DR. JAMES CORNWALLIS, 

bishop of Lichfield and Coventry, succeeded Dr Hinchcliffe, 
and was installed 22d February, 1794?. 



PREBENDARIES OF THE FIRST STALL.* 
EDWARD HYNDMERS, D. D. was nominated in the founda- 
tion charter: He was a Benedictine monk, and Spiritual 
Chancellor to bishop Tunstall ; took his bachelor's degree at 
Oxford, 1,513; made warden of Durham College about 1527, 
and proceeded docto" in divinity in July, 1535. He died in 
1543, and was succeeded by 

JOHN CRAWFORD, or CRAWFORTH, D. D.who was presented by 
king Henry VIII. the 7th of September, 154.3.f Was vicar of 
Midford, in the county of Northumberland, the 12th of June, 
154<G, which he resigned before the 16th of July 1561. Was 
spiritual chancellor to bishop , Tunstall, and probably held both 
his prebend and chancellorship till his death : he gave St Au- 

* Lands assigned to the first prebend. 

Statutis. Dimidium manerij de El vet Hall, vocat. Hall Garth, \ 
(with a close called Swallop Leys.) J 

Capitulo antiq. solvend - - - 68 

(The woods and mines reserved.) 
Act. capituli Decimae assignat primo canonicatui. 
Decima? Garbarum de North Sherburn, infra parochiam > 

de Pittingdon ----- J 7 

Decimae de North Pittingdon - - - -2168 

Decimae de Hett sup' Montem - - - - 1134 

Decimae de Crook Hall, infra parochiam St Oswald - 2 13 4 

Grey's and Randall's MSS. 

The sums stated are paid by the respective prebendaries, out of the appropriated 
premisses, to the chapter's treasury. f 
f Tunstall's Reg, p, 16. 



THE CATHEDRAL. 221 



gustine's works, edition 1529, to the library. By his will, dated 
the 4th of January, 1561, he ordered his body to be buried in 
St Michael's church, Witt on, if he died there ; otherwise, before 
Boulton's altar, in Durham cathedral, nigh the clock. 

ROBERT SWYFT, LL. D. was collated the 28th of March, the 
mandate to induct him dated the 29th of March, and he was in- 
stalled the 8th of April, 1562. He was born at Rotheram, in 
Yorkshire ; educated at St John's College, Cambridge ; studied 
the law and took his degrees at Louvain. Having obtained a 
fellowship in St John'vand being rector of Sedgefield, void by 
the decease of dean Skynner, was ordained deacon and appoint- 
ed prebendary by bishop Pilkington, the 5th of October, 1563, 
ad titulum ecclesice sua de Sedgefield : Was spiritual chancellor 
during bishop Pilkington's prelacy, and for a short time after 
bishop Barnes came to the See ; and was rector of Sedgefield 
above forty years : He married Ann, daughter of Thomas Lever, 
master of Sherburn hospital ; and departing this life about the 
year 1599, was interred under the organ loft of the cathedral 
church, on the north side of the choir door.* 

JAMES RAND, A. M. an. 1599, was prebend of Litchfield, 
and half brother to bishop Neile ; collated to Norton vicarage, 
the 29th of October, 1578: Resigned his prebend the 4th of 
October, 1620, and died at Norton, where he was interred the 
19th of November, 1621. 

ROBERT NEWELL. D. D. was installed the 20th of October, 
1620 : Was half brother to bishop Neile, and his chaplain ; he 
was a Cambridge man, but incorporated doctor in divinity at 
Oxford, 1600 : Was made treasurer of Chichester the 25th of 
November, 1610: Prebendary in the ninth stall of Westmin- 
ster, 1613 Sub-dean of Lincoln, the 14th of May, 1613, which 
he quitted, the same year; Installed archdeacon of Bucks, the 
24th of April, 1614 : Prebendary of Clifton, in Lincoln church, 
the 26th of April, 1614: Rector of Islip, in the county of Oxford, 
and of Crawley, in the county of Bucks ; and had some prefer- 
ments in Winchester cathedral, where he is supposed to be buri- 
ed ; having departed this life in the year 1643. He resigned his 
prebend in l(J38.f 

* Skynner's Reg. p. 161.-~Monum. Durh. p. 154.- Willis's Cath. vol. i. p. 262. 

Epitaph. 

Robertas Swyfte, Rotheramiae oriundus, Cantabrigias in collegio Johannis socius, 
Loyanii impensis mercatorum Anglisjordtnisadventuriensisantuerpise comorantium, 
juris utriusq. bachalaurius, Jacobi Dunolm. epi. in ecclesiis cancellarius, qui postquam 
annos 40, et Segfeldense ovile curaverat r & una cum Anna conjuge vixerat - - - - 
ccetera erasa. 

f Ath. Oxon. vol. i. Heylin's Life of Laud, p. 55. Willis's Cath, vol. i. 



222 THB CATHEDRAL. 



GABRIEL CLARK*, D. D. was collated and installed the 1st 
of August, 1638, being removed from the third stall in this 
church: He was of Christ- Church, Oxford, and chaplain to 
bishop Neile : Was collated to the archdeaconry of Northum- 
berland, the 7th of August, 1619, which he resigned two years 
after: Was collated to the archdeaconry of Durham, the llth 
of October, 1620, and to Elwich the 6th of September that year : 
Was made master of Gretham hospital, the 24th of July, 1624 : 
Was inthroned as proxy for bishop Cosins, but died before the 
bishop made his first visit the 19th of July, 1662 : The 20th of 
May, 1637, was appointed by the chapter with two others, (by 
letter of attorney) to prosecute their suits : the 4th of September, 
1661, was chosen proctor to the convocation. He was preben- 
dary here forty-two years in the whole, viz. in the sixth stall 
three years, the third stall twelve years, and in this stall twenty- 
seven years ; and it is very remarkable, was installed the same 
day of the same month, into each prebend. He died at Durham 
the 10th of may, 1662, and was buried in the cathedral near the 
clock-] , being that year sub-dean. 

DENNIS GRANVILLE, D. D. installed the 24th of September, 
1662 ; afterwards dean of Durham.:): 

THOMAS SMITH, D. D. was removed from the fourth pre- 
bend collated the 21st of April, and installed the 1st of July, 
1668. He was born at Whitewall, in the parish of Ash by, 
in Westmorland ; was educated at Appleby school, and thence 
sent to Queen's College, Oxford, where he obtained a fellowship, 
and was employed as a tutor : Was nephew to Dr Barlow. Au- 
gust 2, 1660, he was created batchelor of divinity; and the 14th 
of November in that year, installed a prebendary of Carlisle : 
In November or December following, obtained the degree of 
doctor in divinity by diploma : On the 23rd of march, 1660, was 
made prebendary of Litchfield. During the rebellion, he lived 
in retirement in Cumberland, and there married. After the re- 

* June 1, 1 633. He was one of the eight prebendaries who supported the canopy 
over the head of king Charles I. when he was at Durham, in his way to Scotland. 

Rennet's Reg. 681 Walk. suff. Clergy Ath. Oxon. vol i. f. 191. 

Epitaph. 
I. H. S. 

Hie jacet D'nus. Gabriel Clarke, 

6. S. theologiae professor, 

Archidiaconus Dunelm. 

Et hujus ccclesiae, 

Subdecanus, qui 

Mortuus est 

Anno. 1662. 

Maij decimo. 

f Ath. Oxon. vol. i. Walker's Suff. Clergy, p. 2, 19. Rennet's Reg. 681. 
Heylin's Life of Laud, 55. J See more of him among the deans, p. 216. 



THE CATHEDRAL. 223 



storation, was made chaplain in ordinary to the king : On the 4th 
of March, J671, was made dean of Carlisle; and in 1684., was 
elected to that bishopric, and quitted, his stall at Durham. He 
died at Rose-rcastle, on the 12th of April, 1702, set. 78,* and lies 
buried in the cathedral at Carlisle, before the high altar. 

WILLIAM GRAHAM, D. D. was installed the 16th of August, 
1684. He was son Sir George Graham, of Netherby, and 
younger brother of Richard, lord vicount Preston : Was edu- 
cated at Christ-Church, Oxford, where he took the degree of 
master of arts, the llth of March, 1680, and was diplomated 
doctjr.in divinity, the 14th of June, 1686: Was chaplain in or- 
dinary to the princes Ann of Denmark: Collated to the rectory 
of Whickham, and inducted therein the 10th of August, 1685 : 
Installed dean of Carlisle, the 23d of June, 1686, and of Wells 
the 28th of July, 1704. He died the 5th of February, 1711, 
and was buried at Kensington.f 

JOHN BOWES, D. D. was removed from the fifth stall, collated 
the 1st of May, installed the second of that month, 1712 : He 
was the fifth son of Thomas Bowes, of Streatlam-castle, Esq ; 
and next brother to William Bowes, many years member in 
parliament for this county : Was rector of El wick, 1 701, but re- 
signed for the rectory of Bishop- Wearmouth, to which he was 
inducted the 6th of September, 1715 He expended in rebuild- 
ing and ornamenting his prebendal house, about 10001. towards 
which he had an allowance of wood from the chapter, to the va- 
lue of 2501. He died unmarried, on the 14th of January, 1721. 

THOMAS RUNDLE, LL. B. was presented the 23d of January, 
and installed the 14th of February, 1721, but quitted it the same 
year for the twelfth stall : Was of Exeter College, Oxford, where, 
on the 26th of June, 1710, he obtained a bachelor's degree, and 
on the 27th of July, 1 723, that of doctor of laws : Was chaplain 
to bishop Talbot, archdeacon of Wilts, and treasurer of Sarum, 
in 1 720 : Was collated to the rectory of Sedgefield, 1722: and, 
in 1727, was made master of Sherburn hospital, both which he 
sreigned in 1735, on being consecrated bishop of Deny, in Ire- 
land. He departed this life in April 1743.* 

* Rennet's Reg. 327. Ath. Oxon. 877. 2 Ath. Ox. 1181. | 

D. S. 

Thomas Smith, S. T. P. 

Hujus ecclesiae primmn canonicus 

Dein decanus, tandemque episcopus 

Placide Domino requiescit 

Vixitannos, LXXVIII. 

Obiit duodecimo die A prills, 

MDCC1I. 
f Ath. Oxon. vol. ii. p. 229. | Whiston's Life, 268, 271. 



224 THE CATHEDRAL. 



THOMAS MANGEY, first LL. D. afterwards D. D. was remo- 
ved from the fifth stall : Collated the 22d of December, and in- 
stalled the 16th of January, 1722 : Was son of Arthur Mangey, 
a goldsmith, at Leeds ; fellow of St. John's College. Cambridge, 
afterwards chaplain to Dr Robinson, bishop of London: He 
was deputy to Dr Lupton, as preacher at Lincoln's Inn, and 
chaplain at Whitehall : Was made rector of Baling, in Middle- 
sex, which he resigned in 1754; had the living of Guildford, 
and was rector of St Mildred, Bread-street, London, to the time 
of his death. When Dr Robinson, at the request of bishop Crew, 
consecrated Sunderland church, on the 4th of September, 1719, 
Dr Mangey preached the sermon, for which he was rewarded 
with a prebend in the cathedral church : He married one of the 
daughters of archbishop Sharpe.* When treasurer of the 
chapter at Durham, he greatly advanced the fines upon the te- 
nants, and improved the rents of his prebendal lands near 1001, 
a year. He died at Durham on the 6th of March, 1755, and 
was interred in the eastern transept of the cathedral church.f 

* By whom he had one son, John Mangey, M. A. of Cambridge j who was col- 
ated by bishop Seckor, to Dunmow, in Essex. 

f H. S. E.. 
' THOMAS MANGEY, S. T. P. hiijus ecclesiae canonicus 

Qui in agro Eboracensi natus. 
Et Cantabrigiae academicis disciplinis innutritus, 
Inter doctiores aetatis suss juvenes adhuc emicuit. 

Favore tandem & presidio 
JOHANNIS ROBINSON, episcopi Londinensis 

(Cujus a sacris fuit domesticis') 

Auctus ecclesiis parochialibus de Ealing. in. Middlesexia, 
Et St. Mildreds, in Bread-street, Lond. 

Tot ingenii praecellentis 
Tot simul eruditionis \ariss 

Protulit specimina. 
Ut virorum opibus et gratia poltentium 

Amicitiam sibi facile conciliaverit. 

Nee male, in publico versatus existimationi suae consuluit. 
Nam in negotiis obeundis solers, 

Propositique semper tenax. 

Nihil parce timide aut cunctanter egit. 

In concionibus profluens, argutus & elegans : 

Veritatisq; Christianas fidissimus assertor 

De limato ejus judicio, & linguarum peritia, 

Necnon de ratione studiorum ejus ; in qua) indesinenter incubuit. 

Consulantur quae scripsit ipse. 
Quaeque edidit, transtulit, adornavitque aliena. 

Filius ejus unicus Johannes, 
Ne deesset patri etiam mortuo pietatls sua? testimonium. 

Hoc marmor ei posuit, 

Marmoriq. hoe elogiuin insciibi curavit. 

Obiit sexto die Martij. A< D. 1756. 

^Etatis suae 71.J 
J This epitaph was composed by Dr Sharp, then a prebendary and archdeacon of Northumberland. 



THE CATHEDRAL. 225 



WILLIAM WARBURTON, D. D. was installed by proxy, the 
llth of April, 1755. He served some years as clerk to an attor- 
ney at Newark upon Trent, and afterwards was a Schoolmaster * 
there, but never received a university education. " He was a 
" great flatterer of Sir Robert Sutton, afterwards of archbishop 
" Potter's son, and Mr Allen, of Prior Park, near Bath, whose 
" niece he married, with a large portion."f We was preacher 
of Lincoln's Inn, and was made dean of Bristol in October, 1757: 
On the 20th of January, 1760, was consecrated bishop of Glou- 
cester at Lambeth, and had leave granted to hold this prebend 
and Briante Broughton rectory, in the county of Lincoln in com- 
mendam: Was chaplain to king George II. He wrote much, 
particularly A Treatise on the Divine Legation of Moses.J Af- 
ter using Mr Pope very grossly, in a letter to Dr Birch, by his 
power in the arts of adulation, he insinuated himself at last so 
far into that poet's good opinion, that all his manuscripts were 
left to his care- In 1768, he transferred the sum of 5001. bank 
4. per cent, annuities consolidated, to Lord Mansfield, Judge 
Wilmot, and Mr Cha. Yorke, upon trust for the purpose of 
founding a lecture in the manner of a sermon, to prove the truth 
of revealed religion in general, and of the Christian in particular, 
from the completion of the Prophecies in the Old and New Tes- 
tament, relative to the Christian church, especially directed to 
arraign the apostacy of Rome. Bishop Warburton died at Glou- 
cester, the 7th of June, 1779, upwards of fourscore years of age, 
and lies buried in the cathedral there. |( 

VOL. II. 2 F 

* Grey's Notes, MSS. f Ibid. MSS. 

| Mr Peters, author of an excellent Comment upon Job, examined and exposed 
his Divine Legation, so far as related to Job's history. 

|| See his literary character, Gent. Mag. July 1779, and memoirs in^ame Mag. 
August, September and October, 1780. 

To the memory of 

WILLIAM WARBURTON, D. D. 
For more than xix years bishop of this see, 

A prelate 
Of the most sublime genius, and exquisite 

Learning, 

Both which talents 

He employed through a long life, 

In the support 

Of what he firmly believed, 

The CHRISTIAN RELIGION. 

And 
Of what he esteemed the best establishment 

Of it, 

The CHURCH of ENGLAND. 

He was born at Newark upon Trent, 

Dec. 24, 1698. 



226. THE CATHEDRAL. 



CHARLES COOPER, D. D. was installed the 30th of August, 
1779: He was a prebendary of York, and held the rectory of 
Kirby-over-blow, in Yorshire. 

REV. R. G. BOUYER, removed from the fifth stall, was installed 
5th November, 1804?, on the death of Dr. Cooper. 

PREBENDARIES OF THE SECOND STALL.* 

ROGER WATSON, D. D. a monk of this church, appointed 
May 12, 1541 : He was instituted to the rectory of Rothbury, in 
Northumberland, the 2d of September, 1 550 ; and to the vica- 
rage of Pittington, the 25th of October, 1560.f Wasfcrrariusat 
the dissolution of this house; and died in September, 1561. By 
his will, dated the 7th of that month, he ordered his body to be 
buried in the cathedral church, before the choir door, as nigh 
Mr Castell, (formerly prior it is supposed) as might be convenient. 
JOHN PILKINGTON. D. D. (f rater et sacellnnus episcopi) col- 
lated the 1st of October, and installed the 8th, 1561. He was 
born in Lancashire ; ordained a priest by bishop Grindal, the 
25th of January, 155, being master of arts, and fellow of Pem- 
broke Hall, Cambridge.:): On the fifth of December, 1563, was 
collated archdeacon of Durham. He died in 1603, and was 
buried in this church without any monument. 

JOHN BROWNE, A. M. 1603, resigned the 1st of August, 1620. 
AUGUSTIN LINDSELL, D. D. was removed from the tenth stall, 
and installed here 5th of August, 1620. He was born at Burn- 
sed, in the county of Essex; was a fellow of Clare Hall, and 
made a prebendary at Lincoln, the 6th of November, 1612, and 
Melsworth, in the county of Hants, and was collated to Hough- 
Died at his palace, in this city, 

June 7, 1779, 

And was buried near this place. 
Beneath the entablature is the head of the bishop, in a medallion. 

* Lands, $c. assigned to the second stall. 

Statutis. Dimidium manerij de Elvet Hall, vocat Hallgarth, &c. 868 
Capitulo antiq. solveud. - - - - 068 

Act. capituli Decimte assignat 

Decima; de Cold Hesledon infra paroch. de Dalton, p' a. 5 O 
Decimas de Edon infra paroch. de Hesledon - 334 
Decimae de Hardwich infra paroch. de Hesledon 2 O 

Decimal de Redworth infra paroch. de Heighington 4 O 
Lib. Receptoris. Solvit etiam capitulo pro decimis de Swallop leeses 4 O 

f Horn's Reg. p. 124, 151. 

j Preb. of Mapesbury, in the church of St Paul's the 10th of February, 1559. 

The Dean and Chapter of Durham were summoned to attend at Westminster, 
the llth of June, 1562, when the thirty-nine articles were agreed on, and Dr John 
Pilkington, and Adam Holyday, were by the Chapter appointed to be their proc- 
tors, 8 D. and Ch. Register, p. 183, 186. 



THE CATHEDRAL. 227 



ton-le- Spring, by bishop Neile the 7th of June, 1623 ; made 
dean of Litchfield in 1628, and elected bishop of Peterborough, 
the 22d of December, 1632, when he resigned his deanry : He 
was translated to Hereford, the 7th of march, 1633, and died 
suddenly in his study,* the 6th of November, 1634, and was bu- 
ried there, f He composed a register of the church of Durham, 
which is cited in Ileyner's Apostol. Benedict. Tract. I. p. 78. 

JOHN WEEMES, A. M. was installed the 7th of June, 1634 : 
Was a Scotchman, and minister of Lay thaker, in Scotland; pro- 
moted at the special recommendation of king Charles I. and was 
a learned writer in divinity : He died in the year 16364 

JOSEPH NAYLOR,D.D. was collated the 10th of November, 1636: 
Was born at Wakefield, in Yorkshire, fellow of Sidney College 
Cambridge, and chaplain to bishop Morton : was collated to the 
archdeaconry of Northumberland, the 25th of February, 1632, 
and to Sedgefield rectory, the 19th of January, 1634. He ap- 
plied to Mr Lever, for his assistance in procuring the payment 
of the dues of the living of Sedgefield in Oliver's time, and after- 
wards wrote Mr Lever a warm letter of thanks for what he did 
therein.^ On the 3d of May, 1661, he was chosen a proctor for 
the chapter, at the convocation of York : His prebendal house 
was in effect wholly ruined, which he rebuilt and enlarged in 
1662. He was the author of Additions to the History of Bishop 
Morton's Life, wrote by his father-in-law, R. Baddely> the bi- 
shop's secretary.|| Dr Naylor died the 6th of January, 1667j and 
was buried in the chancel at Sedgefield.^f 

2 F 2 

* Peck's Desid. lib. 8. p. 52. 

f Ath. Oxon. vol. i. and ii. Dr Hicks* pref. to Biblioth. Scriptor. Eccles. 
Anglic. Archbishop Laud's Troubles, 366. Heylin's Life of Laud, p. 215, &c. 

Epitaph. 
D. O. M. S. 

AUGUSTINUS LINDSELL, 

Primo PETRIBURGENSIS mox HEREFORDEKSIS ecclesiae 

Gubernaculis admotus, tandem ex motu requiem 

Invenit. Calculo extinctus est die sexto Novem- 

bris, MDCXXXIV. Vir omni literatura excul- 

tissimus, pietate egregia et candore animi sin- 

gulari, et per omnia saeculo suo major de quo si 

Forte sileat ingrata posteritas, sat erit 

Compendio dixisse 
Theologiae oraculuin hie jacet. 

On the monument the effigies of Aug. Lindsell, in his sacerdotal habit, and over 
him the representation of a city. 

J His works were printed in the year 1637, in 4 vols. 4to According to 
Rymer's Fcedera, vol. xix. p. 609. he was presented the 4th of May, 1634. 
Calam. Contin. of Ejected Members, 652. 
|| Walker's Suff. of Clergy, part ii. p. 20. 

^ His daughter, Dulcibella, married Thomas Dalton of the 5th prebend to her 
first husband, and Dr Morton of the sixth, to her second husband. 



228 THE CATHEDRAL. 



DENNIS GRANVILLE, A. M. removed from the first prebend, 
and installed the 16th of April, 1668 ; afterwards was made dean.* 4 
Sir GEORGE WHELER, knight, and D. D. was collated the 
1st, and installed the 9th of December, 1684, by his proxy: 
Was descended of the family of Whelers, in Kent, and born at 
Breda, in Holland: Was of Lincoln College, Oxford, 1667, 
where he entered as a commoner, and afterwards as a gentleman 
commoner, under the tuition of Dr Hicks : He obtained the 
degree of master of arts, 1683, but previously thereto had tra- 
velled over the greatest part of Greece : On his return, present- 
ing a journal of his travels to king Charles II. was knighted. 
He took his doctor in divinity degree by diploma on the 18th 
of May, 1 702 : Held the vicarage of Basingstoke, in Hampshire ; 
was curate of Whitworth, in this county, 1703 ; rector of Wins- 
ston, 1706, of Hough ton-le- Spring, 1709, and had the appoint- 
ment of official to the dean and chapter of Durham : His tem- 
poral estate amounted to 14001. a year, or thereabouts. He 
died on the 15th of January, 1723, set. 74, and was interred at 
the west end of the nave of Durham cathedral, near the tomb of 
the Venerable Bede, where a handsome monument is erected to 
his memory .f 

MARTIN BENSON, A. M. was collated the 25th of January, 
and installed the 5th of Eebruary, 1723, by his proxy, Mr 
Stonhewer, of Washington. He was of Christ-Church, Oxford, 
and attended Lord Pomfret in his travels, as tutor : Was chap- 
Hie in Dno. requiescit JOSEPHUS NAYLOR, S, T. P. eccle 

Cath. Duneltn canonicus major, hujusq. parochise 

Rector vere dignus. Theologus insignis, doctrina pietate, 

Fide erga Deum, ecclesiam, regem, ad exemplum, 

Constant!, singular! prudentia & moribus 
Universim suavissimis, penitus supra faium. 

Hoc sui quod mortale fuit, & jam in 
OccJduo cinere sub spe christianissima resurgendi ad gloriam, 

Et eum aspiciendi 

Cujus nomen est oriens, placide hie deposuit 6to die Januarij 
Epiphaniorum sacro. bono omine. 
Christi, 1667. 



Nunc lector amice attamen quisquis sis, ex hinc 
Discc, quid es, & quid eris. 

In memoriam 

Optimi & charissimi conjugis, conjux mo2stissima DULCIBELLA NAYLOR, hocce posuit. 
* Held both Sedgefield and the archdeaconry of Durham with his deanry, yet ran 
into very great debts. Grey's Notes, MSS. See page 216. 

f The Epitaph. 

Hunc post parietem conditur E stirpe generosa inter cantianos oriundus 

Quod mortale fuit GEOUGII WHELER, Bredse tamen inter Batavos natus 

Equitis curati S. T. P. Parentibus ob regiam causam egregie exulantibu* 

Rectoris vigilantissmi ecclesia? de Houghton Prima literarum tyrocinia 

Hujusce eccJesia; canonici meritissimi Inter Lincolinenses Oxonij posuit. 



THE CATHEDRAL. 229 



lain to king George II. 1727, a prebendary of Salisbury, arch- 
deacon of Berks, and rector of Blechley, in Bucks ; was created 
doctor in divinity at. Cambridge, in 1730, when the king visited 
that university, and was consecrated bishop of Gloucester, the 
19th of January, 1734, being permitted to hold this prebend in 
commendam. He died at Gloucester, on the 30th of August, 
1752, and was buried in the cathedral there. 

JAQUES STERN, LL. D. was collated to this prebend by king 
George II. it having fallen void during a vacancy of the See, by 
the death of bishop Butler, and was installed by proxy, the 31st 
of May, 1755. He was collated to the prebend of Absthorpe, 
in York cathedral, and resigned the same for Ulleskelf, 1731 : 
Was made precentor of York, the 24th of November, 1735; 
afterwards canon residentiary and prebendary of Driffield, and 
chaplain to archbishop Blackburn, by whom he was collated to 
the archdeaconry of Cleveland, the 24-th of November, 1?35, 
which he resigned for that of the East Riding, April 1750. He 
was also rector of Rise, and vicar of Hornsea cum Riston, both 
In the East Riding : On being presented to this stall, he resigned 
the archdeaconry of the East Riding : Died at his house in York, 
the 9th of June, 1759, and was buried at Rise.* 

WILLIAM MARK HAM, LL. D. master of Westminster school, 
was installed the 20th of July, 1759. Was of Christ- Church, 
Oxford, where he took a master of arts degree, the 20th of 
March, 1745; on the 20th of November, 1752, a degree of 
batchelor of civil law, and on the 24th of the same month, a 
doctor's degree was obtained. In the month of January, 1764, 
he quitted the mastership of Westminster school : In February, 
1765, was made dean of Rochester: Was chaplain to king 
George II. and king George III. and vicar of Boxley in Kent. 
On the 12th of October, 1767, he was promoted to the deanry 

Dein doctissimo medico sponio comite Per totum vitse cursum 

In Italiam, Graciam, Asiamq. profectus Munificentia? in literates 

Antiqua rerum monumenta Christiana profana Humanitatis in hospites, 

Tantum non exhausit. Charitatis in pauperes, 

Singulare dedit exemplum, 

Reversus ex illustri Granvillorum stirpe natum Pietatis diviniq. amoris rarissimum. 

Filiam Tho. Higgons mil. ad Venetos legati, 

Forma, virtute, pietate insignem Ecclesia? Christians ritus, mores, & dogmata 

Duxit ; e qua numerosam suscepit sobolem. Haud quisquam vel laboriosius indagavit, 

Vel studiosius sectatus est 
Post brevi a serenissimo principe Carolo iido. Vel melius caluit, 

Equestri titulo ornatus Fidei primceve in scriptis assertor, 

Contranitentibus licet suis Discipline in vita amulus 

Sacros ambivit ordines Obiit 18 cal. Feb. anno Domini 1723-4. 

Maluitq. in ecclesia servire Anno ffitatis 74 

Quam in aula splendescere. 

Hoc manner extrui curavit 
Filius unicus superstes Granville Wheler. 

Sepult 23 Jan. 1723. E. Reg. Cath. 

* He made a will in deprivation of his relations, leaving his real and personal 
estate to Mrs Benson his housekeeper. Grey's Notes, MSS. 



230 THE CATHEDRAL. 



of Christ-Church, in Oxford ; consecrated bishop of Chester in 
in January 1771, and in the succeeding month, was appointed 
preceptor to the Prince of Wales : In 1777 he was translated to 
the arch-bishopric of York. 

THOMAS DAMPIER, D. D. was installed the 20th of April, 
1771 : He was canon of Windsor. In 1773, he resigned this 
stall for the mastership of Sherburn hospital, and succeeded to 
the deanry of Durham in 1774-.* 

HENRY EGERION, D. D. brother to the late lord bishop 
of Durham, succeeded to this stall in the year 1773. He was 
rector of Whitchurch, in the county of Salop, archdeacon of 
Derby, residentiary of Litch field, and prebend of Holme, in 
York cathedral, which he resigned in May 1773. He also held 
the rectory of Bishop- Weremouth, in this county. 

HENRY BATHURST, LL. D. was installed 20th April, 1795, 
on the death of Mr Egerton. 

REV. THOMAS ZOUCH, was installed 26th April, 1805, on the 
promotion of Dr. Bathurst to the See of Norwich. 

REV. HENRY PHILLPOTTS, from the ninth stall, was installed 
30th December, 1815, on the death of Mr Zouch. 

Dr. BURGESS, bishop of St. Davids, from the sixth stall, was 
installed 28th October, 1820, on the promotion of Dr Phillpotts, 
to the Rectory of Stanhope. 

PREBENDARIES OF THE THIRD STALL.f 

THOMAS SPARKE, B. D. appointed by the foundation charter, 
May 11, 1541. He was of Durham College, Oxford, and took 
his bachelor of divinity's degree in 1528, being at that time prior 
of the cell of Lindisfarne : In the year 1529, he left the univer- 
sity cum pannis suis, to come to the monastery of Durham, and 
was chamberlain there at the dissolution. He was consecrated 
suffragan bishop of Berwick, June 1537, in which dignity he 
continued during the remainder of his life ; the royal mandate 
to archbishop Lee for his consecration, bears date the 12th of 

See page 220. 

f Lands assigned to the third stall. 

Stat. Manerium de Sacristan Hugh, cum Pasturis Peatis& Herbagio 6 15 10 
Holcroft - ' - - - - - - _ 200 

Capitulo antiq. solvend. 15 10 

Act. capit. Decimse assignat. 

Decimae Garbarum de Aicliff p* ann. - - - 
Decimae Garb, de Brafferton, in paroch. Aicjiff 
Decimae schole Aicliff, infra paroch. Heighington 




THE CATHEDRAL, 231 



June, 1537, and the 20th of June following, bishop Tunstall 
empowered him to exercise his chorepiscopal authority through 
the whole diocese of Durham ; and likewise granted him, by let- 
ters patent under his palatine seal, an annuity of forty pounds out 
of his manor of Auckland, to be paid half yearly, until he should 
be presented to an ecclesiastical benefice of the yearly value 
of fifty pounds: He was collated to Gretham hospital Septem- 
ber 6, 1541, and to Wolsingham rectory the 14th of June, 1547; 
and departed this life in the year 1571. Though by his will, da- 
ted the 25th of January, 1563, he ordered his body to be buried 
in Durham cathedral, before our Lady's or Houghwell's altar, 
yet he was interred in the choir of Gretham chapel, near the se- 
pulchre of William Estfield, a former master there. 

JOHN Fox, A. M. the martyrologist, was collated the 2d of 
September, and installed the 14th of October, 1572. This per- 
son, averse to the habits of the church of England, which were 
here kept up in great strictness, quitted his stall within the year, 
probably on that account : De was born at Boston, in the coun- 
ty of Lincoln : Was fellow of Magdalen College, Oxford, and 
took the degree of master of arts in 1543. Holland says he never 
had any ecclesiastical preferment ; and Wood, that he was only 
prebend of Shipton,* in Salisbury, and vicar of St Gilas', Crip- 
plegate. He wrote an epitaph on bishop Pilkington r his bene- 
factor : Died the 18th of April, 1587, set 70, and was buried in, 
the chancel of his vicarial church of St Giles.f 

ROBERT BELLAMY, M. D. was installed the 13th of October, 
1573 : Was of St Johns' s College, Oxford, and admitted doo* 
tor in physic the 23d of June, 1571 ; was collated to EgglesclifF r 
in this county, the 6th of February, 1577; instituted to Whal^ 
ton, in Northumberland, the 9th of August, 1579, which he re- 
signed : Was collated rector of Houghton, the 25th of January,. 
1584; and was chaplain to bishop Barnes. He quitted his pre- 
bend and Houghton living for Sherburn hospital, to which he 
was collated in November 1589, and died possessed thereof in 
1606. 

ROBERT HUTTON, B. .D was installed the 1 3th of December, 
1589: Was senior fellow of Trinity College, Cambridge: and 

* His family enjoyed the income of Shipton prebend until Sir Richard Willis 
married the heir of the family, viz. the daughter of Robert Fox, M. D. Grey's 
Notes, MSS. He resigned thi> prebend 1573. 

f Willis's Cath. vol. i. Ath. Qjcon. vol. i. p. 250, 690. Fuller's Ch. Hist. lib. 

ix. p. 76 Strype Eliz. p. 137. Strype Ann. vol. i. p. 201, 202, 248. Gen. 

Diet. vol. v. p. 299. His- character, Strype vol. iii. p. 501, and family. An 
account of his book of martyrs, Strype Ann. vol. i. p. 207, 250, &c. Defence of it 
ib. 252. 



232 THE CATHEDRAL. 



collated to Hough ton-le- Spring, the 4th of December, 1589, 
where he purchased an estate, and built a house, now possessed 
by his decendants : He was younger brother to bishop Mat- 
thew Hutton, and married a daughter of bishop Pilkington: 
Was prosecuted in the high commission court in 1621, for re- 
flecting, in a sermon preached at the cathedral, on the king, the 
bishop, the church and its ceremonies. He died at Houghton 
in 1623, and lies buried in the choir of the church there.* 

GABRIEL CLARK, A. M. installed the 1st of August, 1623, 
was removed to the first stall.f 

JOHN NEILE, A. M. afterwards D. D. was collated the 1st of 
August, 1635 : Was nephew to the bishop. On the 27th of Oc- 
tober, 1638, he was made archdeacon of Cleveland; on the 20th 
of September, 1060, prebendary of Strenshall, in York cathe- 
dral; instituted vicar of Northallerton, the 2d of May, 1669, 
and appointed dean of Ripon in May, 1674-. He was rector of 
Beeford, in Holderness, and exchanged for Sigston near Nor- 
thallerton ; in 1661, was prolocutor in the convocation at York, 
when the common prayer book was revised. He: died the 14th 
of April, 1675, and was buried at Kipon.| 

THOMAS MUSGRAVE, D. D. was installed the 12th of July, 
1675. . He was of Queen's College Oxford: and on the 5th of 
May, 1662, took the degree of master of arts, and bachelor and 
doctor in divinity in October, 1685: Was collated to the arch- 
deaconry of Carlisle, the 25th of March, 1()68, and to the third 
stall in that church, 1669 : On the 22d of August, 1675, was 
collated to the rectory of Wiiitburn, in this county: In :1676, 
he resigned his prebend in Carlisle cathedral, and the 13th of 
October, 1 684, was admitted dean there. . He departed this life 
the 25 th of March, 1686, and was buried in the cathedral church 
at Durham, near the clock. [| 



* Grey's Notes, MSS. He bore the. same arms with bishop Hutton. Stryp. 
Ann. vol. iv. p. 15. Fuller's Ch. Hist, cant xvii. lib. 10. p. 38, 3"9. From this 
Robert the family of Huttons of Houghton are descended. See his pedigree, vol. i. 
p. 580, and Thoresby's Leeds, 173. Also Houghton-le- Spring in the sequel. 

f See page 2?1. 

" I Walker's" Suff. Clerg. part ii.p. 83. 

' || His only daughter married Mr Ralph Shepperdson, of Pittington. He reco- 
vered dilapidations of his predecessor Dr Speed, at Whitburn, and built the south 
point of the parsonage house there : Was the first prebendary made by bishop Crewe. 
He wafc prebendary of Chichester, Nov. 10, 1681. Grey's Notes, MSS. 

" Here lyes interred 
THOMAS MUSGRAVE, D. D. 

Dean of Carlisle, and late 

Prebendary of this cathedral. 

He was ye 5*h son of S* Philip Musgrave, 

Of Hartley castle, in ye county of Westmor- 



THE CATHEDRAL. 233 



JOHN CAVE, A M. was installed the 15th of May, 1686 ; He 
was son of John Cave, vicar of Great Milton, in Oxfordshire, 
and educated at Tame school: In 1654 he was of Magdalen 
College; on the 24-th of September, 1660, was chosen a fellow 
of Lincoln College; andontheSOth of April, 1661, had a degree of 
master of arts : He was chaplain to bishop Crew, had the rec- 
tory of Gateshead, and exchanged with Mr Richard Werge, for 
Nailston, in Leicestershire : also held the rectory of Cole Orton, 
in that county, where he died in the month of October, 1690, 
aet, 52, and was interred there.* 

SAMUEL EYRE, D. D. was installed the 10th of November, 
1690. He was of Lincoln College, Oxford, and on the 8th of 
July, 1687, took his degree of doctor in divinity: In April 
1686, he was collated to the rectory of Whitburn. Died in 
1694-, and lies buried in the cathedral church at Durham, near 
Dr Swyfte on the north side of the choire door, under the organ- 
loft .f 

JAMES FINNEY, D. D. was installed on the 27th of Novem- 
ber, 1694-: was of St John's College Oxford; on the 5th of 
July, 1676, took a master of arts degree; and on the 14th of 
April, 1698, was diplomated doctor in divinity. He held the 
vicarage of Kirklington, belonging to the college, and was chap- 
lain to lord Burlington : In the year 1689, was made prebendary 
of Husthwaite, in the church of York, and was rector of Long 
Newton, in this county, in 1690, and built the parsonage house, 
which cost him 7001. afterwards had the rectory of Ryton, also 
in this county, and built an elegant house there, which cost him 
about 12001. On taking this stall he resigned the prebend of 
Husthwaite; died on the 10th of March, 1726, and was buried 
in the eastern transept of this church.J 

THOMAS SECKER, A. M. was collated the 3d of June, and 
installed, by proxy, the 16th, 1727. He was born in 1693, at 
Sibthorp, in Nottinghamshire; took the degree of doctor in 
physic at Leyden, in March 1721, and in April following, be- 

VOL. ii. 2 G 

1 land, Bart who dyed ye 28th of March, 

1686, in ye 47th year of his age. 

He first marryed Mary, y e daughter of Sir 

Thomas Harrison, of Allerthorpe, in the county 

Of York, Kt. by whom he had issue Margaret : 

His second wife was Ann, the daughter of 
Sir Jo. Cradock, of Richmond, in ye sd county, Kt- " 
The 29th of May, 1669, he had a dispensation to hold two livings. 
* Ath. Oxon. vol. ii. p. 854. f 2 Ath. Oxon. Fast. 250. 

| Inscribed on his tombstone " I. F. D. D. obiit. 10th Martij, 1726." 

There is a long account of the Finney family in Ihe Gentleman's Magazine for 
1785 and 1786. 



234 THE CATHEDRAL. 



came a gentleman commoner of Exeter College, Oxford : Was 
ordained deacon, being bachelor of arts in 1722, in which year 
he was chaplain to bishop Talbot: on the 12th of February,in 
the same year he was collated to Houghton-le-Spring : On the 
4th of February, 1723, he took his master of arts degree; and 
on the 17th of June, 1727, was inducted to Ryton rectory; and 
in July. 1733, took his doctor's degree in law at Oxford, having 
in the preceeding month of May been instituted to the rectory 
of St James's Westminster, when he resigned Ryton. On the 
19th of January, 1734, he was consecrated bishop of Bristol; 
and on the 13th of April, 1737, was translated to the See of 
Oxford: He was installed prebend of Purpool, and then dean 
ofSt Paul's, the llth of December, 1750: Held this preben- 
dary in commendam with his bishoprics, but resigned it, and the 
rectory of St. James, on his receiving the deanry : in April, 
1758, he was confirmed archbishop of Canterbury ; died on the 
3d of August, 1768, Kt 75 ;* and was buried in the passage 
from the garden door of his palace to the north door of his 
church at Lambeth, and forbad any monument or epitaph to be 
placed for him any where 

THOMAS CHAPMAN, D. D. was presented by the king sede va- 
cante, and installed the 1st of January, 1750. Was the son of 
John Chapman, of Billingham, in this county, where he was 
born:f Was educated at Richmond school, in Yorkshire; en- 
tered of Christ College, Cambridge, and became fellow thereof : 
In 1746 was master of Magdalen College, and on the 4th of 
November, 1748, was appointed vice chancellor: he was chap- 
lain to king George II. In 1749, was rector of Kirkby-over- 
blowers, in Yorkshire: In 1758, was appointed official to the 
dean and chapter of Durham, and on the 9th of June, 1 760, de- 
parted this life at Cambridge, aet. 43, and was buried in the 
college chapel there.J 

THOMAS BURTON, D. D. was installed the 18th of August, 
1 760, and was removed to the twelfth prebend : Was the son of 
Dr Thomas Burton, of Christ-Church, where he was student, 
and obtained a master of arts degree on the 18th of June, 1731 : 
Was Vicar of St Mary's, Oxford, and resigned for the rectory 
of Batsford, in Gloucestershire : was prebendary of Gloucester, 
and archdeacon of St David's* He died the 1 7th of July, 1767, 
at Batsford. 

* He was the last prebendary promoted by bishop Talbot. He obtained a dis- 
pensation for non-residence. Grey's Notes, MSS. Whiston's Life, 438. He 

left 1 1,0001. to charitable uses. 

f See his epitaph under title Billingham. 

j: In 1750, he pulished an Essay on the Roman Senate, and also wrote two pam- 
phlets on the university squabbles. 



THE CATHEDRAL 235 



GIDEON MURRAY, D. D. was installed the 20th of August, 
1761 : Was the second son of lord Elibank, in Scotland; was 
of Baliol College, Oxford, where, on the 6th of June, 1735, he 
obtained a master of arts degree : Was prebendary of Lincoln, 
and Vicar of Gainsb rough, in Lincolnshire, which he resigned, 
and afterwards had the rectory of Carlton, in Nottinghamshire. 
He died at London in the month of June, 1778. 

RICHARD FAWCETT, D. D. was installed the 13th of July, 
1778 : he was the son of an eminent counsellor, recorder of the 
city of Durham, and had his education at the grammar school 
there: He was fellow of Corpus- Christi College, Oxford; had 
the rectory of Gateshead, and master of king James's hospital 
there; chaplain in ordinary to king George II. and III. and 
vicar of St Nicholas', in Newcastle upon Tyne. He died at Dur- 
ham, the 29th of April, 1782, and was interred in the cathedral, 
near to dean Cowper. 

HENRY CHAYTOR, LL. D. second son of Henry Chaytor, of 
Croft, in the county of York, Esq. Had his education at Ap- 
pleby school, in Westmoreland, and afterwards entered of Mag- 
dalen college, Cambridge, and became fellow of that society. In 
1759, was presented by hig father to the vicarage of Kirkby- 
Stephen, in Westmoreland: In 1767, took his doctors degree: 
In 1773, presented to the vicarage of Catterick ; and in 1778, 
to the rectory of Croft, by the king. He resigned Kirkby- 
Stephen, and had his stall conferred on him by the bishop of 
Durham, the 24th of July, 1782, and was installed the same day. 

PHIPPS WESTON, was installed 17th July, 1789, on the death 
of Dr. Chaytor. 

ROBERT PRICE, D. D. was installed 10th May, 1794, on the 
death of Mr Weston. 

RICHARD PROSSER, D. D. was installed ISth November, 1804, 
on the removal of Dr. Price to the fifth stall. 

PREBENDARIES OF THE FOURTH STALL,* 

WILLIAM BENNET, D. D. a monk of Durham on the foun- 
dation, the 12th of May, 1541. He was collated to Kellow 

2 G 2 

* Lands, %e.- astigned to the fourth stall. 

Statutis, Domus Manerij et firma de Witton Gilbert/Newhouses, and Underside. 

Witton Gilbert estimat. per ann. - 5 O 

Newhouse - - - - - . 2 13 4 

Underside - - - - - .. O 16 8 

Capitulo antiq. solvend. - - ^ .. * 010O 
Act, capituli Decimse assignat. 

Decimae Garbarum de South Pittington - - 2 O 



236 THE CATHEDRAL. 



vicarage the 4th of March, 154-7, but. resigned the same, toge- 
gether with his prebend, in the same year, and retired to Aycliff 
vicarage, where he died, and was buried the 20th of February, 
.1588.* 

HENRY NAUTON, A. M. rector of Egglescliff, in this 
county, was installed on the 3d of November, '1579. He was 
was instituted to Gainford church, also in this county, the 27th 
of October, 1575, and was collated to Bedlington, in Nor- 
thumberland, on the 14-th of April, 1581. The time of his 
death is uncertain, he was buried in Durham cathedral, near to 
chancellor Swyfte. 

EMANUEL BARNS) D. D. was removed from the fifth pre- 
bend to this stall, in the year 1607. He was a near relation 
to bishop Barnes, and was collated to the rectory of Houghton- 
le-Spring, on the fifth of march, 1583. In 1587, was rector of 
Wolsingham :f He had the prebend of Fenton, in York cathe- 
dral, and the rectory of Craike ; and died in the year 1614. 

PETER SMART, A.,M. was removed from the 6th prebend 
to this stall, the 10th of July. 114. He was born, in Warwick- 
shire, a minister's son ; Was educated at Westminister school, 
a batteler at Broadgate Hall, aet. 19, in die year 15.88, in which 
.year he was elected a student in Christ-Church, Oxford, and on 
the 9th of July, 1595, took the degree of master of arts : He 
was master of Durham school in 1598,. was ordained deacon and 
priest the 30th of November, 1609, and was chaplain to bishop 
James, by whom he was collated ,the 30th December, 1609, to 
to the sixth prebend in this church : In the year 1614, he had 
the rectory of Bolden, and was appointed master of Gatsehead 
hospital, the second of March, 1612. Bishop James was instru- 
mental in promoting him to be one of the high commissioners 
for the province of York. On the 7th of July, 1628, he preach- 
ed in the cathedral, that seditious sermon, whereof we have given 
an extract in the life of bishop Cosin, (vol i. p. C'60) and for 
which he was degraded and dispossessed of all his ecclesiastical 
preferments, and fined five hundred pounds, for the non-payment 

Decimae Garbarum de Shandforth infra paroch. predict. 761 
Decimae de South Sherburn, ib'm - - - 3 10 O 

Dccimie de Haghouie, infra paroch. 8. Oswald! - 168 

* His great grandson was living at Aycliff in 1717, and wa a tenant of this pre- 
bend. He was vicar of Ayeliff to his death, (see Wilson's Reg. p. 1 9) and was suc- 
ceeded by Robert Throgmorton, 1584. Dean Matthew's Reg. Grey's Notes, MSS. 

One of the same name and time mentioned Ath. Oxon. vol. i. Fast. 57. 42. 
Mon. 153. Newc. Rep. vol. i. p. 146. 

f Matthew's Reg. p. 1 72. Ath. Oxon. vol. i. He took his doctor in divinity 
degree at Basil, in Germany. Grey's Notes, MSS. 



THE CATHEDRAL. 237 



of which he suffered eleven years imprisonment in the King's- 
Berich, and at length was set at liberty by the House of Com- 
mons, in 1640. He was in London the 31st of October, 1648, 
as appears by the date of one of his letters. On Dr Carr's 
death, who succeeded to this stall on his deprivation, he was re- 
stored to his prebend by the Lords, and lived to the year 1652, 
or near it, having passed his 82d year. At the, like instance of 
the Lords, he was presented by the dean and chapter to Aycliff, 
the 20th of November, 1641, but refused; petitioning, it might 
be given to one Carwardine, who ejnjoyed it a considerable 
time.* : 

THOMAS CARR, D. D. was installed the 30th of March, 
1631. He was born in Yorkshire and educated partly at Pe- 
terhouse, and translated to Jesus' College, Cambridge : Was 
instituted the 7th of April, 1632, to the vicarage of Aycl iff: Was 
chaplain to Thomas earl of Strafford, and .attended him on the 
scaffold when beheaded : by his interest the doctor was pre- 

* Ath. Oxon, vol. ii.. p. 51, Diurnal occurrences of Parl. , 164O, 1641, p 21, 
41, 48, 219. Rushworth's Col. 3. part. vol. i. p. 41. Pryn's Canterb. Doom, p. 
93, 353, 360, 481, 493,; 53O. Kennel's Hist. Eng. 'vol. iii. Fuller's Ch. Hist. 1. 
11, p. 173. Heylin's Examen. Hist. p. 284 Collyer's Eccl. Hist. vol. ii. p. 798, 
799. Thoresby's Ac. of Leeds, p. 559. Nalson's Collect, vol. i. p. 518, 733,734; 
789. vol. ii. 406. Peck's Desid. Curiosa 1. 9, " the chapter registers were sent for 
by the parliament and lost." Heylin's Exam. Hist. 283, " A very particular ac- 
count of him." Biographia Brit. vol. iii. p. 1475. 
He was a witness against archbishop Laud. 

His famous libel is in few hands. London, printed by Jo. Hall, 1643. 
The inscription begins, " Do, dico, consecro, hoc libelium pamatum in 5 partes 
" divisum, de superstitiosis ceremoniis, & idolatrio cultu ecclesiaj Romans? ejusque 
" filiarum, maxime Dunelmensis, mihi notissimas, doctissimis veris concionatoribus 
" Londinensis, &c." dated the 16th of February, 1643, at. 76. 

. Prirna pars. 

" Enarrabo quibus Christo servitur in alto 
" Fano Antichrist!, formis & ritibus : unum 
*' Quod nuper nostris, imitari cepit in annis. 
" Templam Dunelmense, reformatore Casino, &c. 
" Nulla catachesis cathedral! auditur in ^Ede 
" Concio negligitur, legitur sacra pagina parce : 
OfU " Mystica vilescunt, ea sacramenta, dicatas 

" Vestibus auratis, quae non celebranturad aras. 
" Cum candelabris ibi polubra bina duobus. 
M Atq. crucifixi stat servatoris imago. 
" Nee panis solito benedictus frangitur usu, 
'* Christus ut instituit, christiq. ecclesia sanxit : 
" Sed consecrato cultello in frusta secatur, 
' Frusta minutatim morsus divisa per sequos. 
Ritus in auditus patribus puperq. repertus 
" Audacis felice superstitione Cosini. 

This short extract shews the poet's vein. The whole poem contains 1490 verses. 
In the library of Geo. Spearman, Esq. of Eachwick. 



2 $8 THE CATHEDRAL. 



ferred to the rectory of Hugget, in the county of York. He 
was sequestered, and went beyond the seas in the time of the 
rebellion, and died at Leghorn after the Restoration, in his way 
to England where he was honourably interred by the duke of 
Tuscany. Brown Willis Bays, " I met with the will of Dr 
" Thomas Carr, dated the 13th of July, and proved the 13th of 
"November, 1641, in which he gives his wife his effects at 
" Ay cliff, with orders to be buried in the Black Friars, Lon- 
don/'* 

JOHN BAHWICK, B. D. about 1642, was removed from the 
eighth prebend, but never installed: Was made dean of Durham. f 

THOMAS SMITH, D. D. prebendary of Litchfield, was instal- 
led the 20th of July, 1661, and in 1668 was removed to the 
first stalLj Was presented also by king Charless II. in majorem 
cotToborationem tituli. 

JOHN DURELL, D. D. was collated the 21st of April, and in- 
stalled byproxy, the 1st July, 1668. Ho was born in Jersey, 
was of Merton College, Oxford, retired to France, and took a 
master of arts' degree at. Caen, in Normandy : Was ordained at 
Paris, by the bishop of Galloway, at the chapel of the English 
resident : In the year 1661, he was one of the French preachers 
in the Savoy chapel : In 1663, was made prebendary of North- 
aulton, in the church of Sarum, and chaplain to the king; in 
the next year, was made prebendary of Windsor, and on the 
26th of July, 1677, was appointed dean there, and had the rec- 
tory of Witney, in the county of Oxford. He died on the 8th 
July, 1683, set. 58, and was buried at Windsor. His wife trans- 
lated the Whole Duty of Man into French. His son was a 
brigadier general and governor of Dunkirk.^ 

JOHN MONTAGUE, D, D. was installed the 10th of Novem- 
ber, 1683 : Was master of Trinity College, Cambridge, in 1683, 
which he resigned, and was made master of Sherburn hospital ; 
in 1692, was removed to the eleventh prebend ; and afterwards, 
in 1699, made dean of Durham. || 

THEOPHILUS PICKERING, D. D. was installed by proxy, the 
3d of June, 1 692. He was the 7th son of Sir Gilbert Pickering, 
of Tichmarsh, in the county of Northampton, baronet, and born 

* Walker's Suff. Clergy, vol. ii. p. 2O. 218. Brown Willis, p. 266. 

| See page 208. Jlilkiah Bedford wrote his life, 1721. 

\ See page 222. Ath. Oxon, vol. ii. p. 731. Collier' Supplement. 

|| See page 218. Anno 1686. He was appointed lord Crewe's commissary for 
visiting this chapter, and determining an appeal made to him by two of the body ; 
accordingly he sat as such in the chapter-house, the 27th of July, and also the 1 9th 
of November following, when be determined the difference by the bishop's directions. 



THE CATEHDRAL. 239 



the 10th of May, 1663: Was felJow of Sidney College, Cam- 
bridge, 1627 ; chaplain to lord Crew, the 13th of November, 
1690; rector of Gateshead, the 5th of December, 1695, and 
of Sedgefield, the 3 1st of August, 1705, where he died the 20th of 
March, 1710, and was interred in the chancel of that church.* 
He quitted this prebend for the eleventh stall. 

PHILIP FALLE, A. M. was installed the 1st of February, 
1699 : was born in the island of Jersey, of which he wrote the 
history, in 1694-, much quoted by bishop Gibson, and greatly 
enlarged and reprinted in 1 734. He was a commoner of Exeter 
College, in Michaelmas term, 1669, aged 14 ; and took a master 
of arts degree at Albion-hall, the 8th of July, 1676 : Was minis- 
ter of St Saviour's, in Jersey, and rector of Shenley, in Hert- 
fordshire, at which latter place he built an elegant house, which 
cost him 10001. At the Revolution, he was sent by the states of 
the island of Jersey to king William and queen Mary, and by 
them was recommended to a prebend in Durham. The golden 
prebend was then vacant ; but the bishop removed Dr Pickering 
to it, and gave Dr Falle this stall, of which he afterwards com- 
plained. The repairing of the prebendal house cost him 2001. 
He died at Shenley, in the year 1742, act. 87, and left his excel- 
lent library, (except a collection of sacred music, which he gave 
to the library at Durham) to the island of Jersey.f 

JAMES GISBURN, A. M. was collated the 2"2d of may, 1742, 
and installed the 21st of July following. He was born at 
Loughborough, in Leicestershire ; was of Jesus' College, Cam- 
bridge, and afterwards obtained a fellowship in Queen's College. 
He had the rectory of Stavely, in Derbyshire, by the gift of lord 
James Cavendish ; and departed this life on the 7th of Septem- 
ber, 1759, aet. 72. 

JAMES DOUGLAS, D. D. was installed the llth of October, 
1759, being removed from the fifth stall. He was by birth a 

* He was the seventh son of Sir Gilbert, who was a baronet of Nova Scotia ; his 
mother was Elizabeth Montague, sister to the first ear) of Sandwich. Sir Gilbert is 
named one of the judges of king Charles I. (Rush. Col. vol. ii. p. 1380,) though I 
do not find he acted. Stat. 12. car. 2. c. 11. If Sir Gilbert Pickering accept of or 
exercise any place or employment in England, after the 1st of September, 1660, he 
is to be excepted out of the act of indemnity. He kept a dissenting minister. The 
doctor left 3001. for the endowment of a charity school at Gateshead In 1708, he 
gave the organ to Sedgefield church, which, with the clock and gallery, cost him 
5001. He altered and improved his prebendal and parsonage houses and gardens : 
He expended the whole income of his preferments and private fortune, which was 
17001 a year, in acts of hospitality, generosity and charity. His only sister Elizabeth, 
married John Creed, of Oundle, Esq ; and was mother to major Creed, who was 
slain at the battle of Blenheim. Antiq. St Peter's, Westm. 255. 

For his epitaph, see Sedgefield in the sequel. 

f Ath. Oxon. vol. ii. p. 962. 



240 THE CATHEDRAL. 



Scotchman, of the Tiviotdale family ; was educated at Eton, and 
and an exhibitioner of Baliol College, Oxford : had a small liv- 
ing near Bridgewater ; afterwards was vicar of Kellow, 1735, 
and rector of Long Newton, 174-2, which he resigned for this 
prebend, and the rectory of Great Stainton, in this county ; was 
also curate of Witton Gilbert. He departed this life on the 29th 
of July, 1780, and was interred in the eastern transept of* Dur- 
ham cathedral. 

FRANCIS EGERTON, A. M. second son of the late bishop 
of Durham, was installed the 1 3th of November, 1780. He was 
made rector of Whitchurch in February, 1781. 

PREBENDARIES OF THE FIFTH STALL.* 

WILLIAM TODD, D. D. by the foundation the 12th of May, 
1541. He was admitted doctor at Oxford, the 13th April, 
1537; was vicar of Northallerton, in the the county of York, 
1553, and resigned the same the 5th of September, 1561 : Was 
also archdeacon of Bedford : He was deprived of this prebend 
in the year 1567j for which no reason appears in the authorities 
before us.f 

RALPH LEVER, A. M. was collated the 14th of October, and 
installed the 17th, 1567. He was admitted scholar in King's 
College, Cambridge, from Eton School, 1558, and took the de- 
gree of doctor in divinity, in St John's College, 1577: Was tu- 
tor to Walter earl of Essex, in 1564 ; was collated to Washing- 
ton in 1565, and to the archdeaconry of Northumberland, the 
21st of August, 1566, which he resigned in Io73 : He was col- 
lated to the rectory of Stanhope, the 17th of November, 1575, 

* Lands, fyc. assigned to the fifth stall. 

Stat. Tertia pars Domus Manerii & Parci de Muggleswick 8 7 9^ 
Capitulo antiq. solvend. - - -- - O 7 9 } 
Act capit. Decimae assignat. 

Decimae Garbarum Foeni & Canab. de Shinkliff - 1 O O 
Omnes Decimae de Old Durham, infra eandemparochiam 434 
N. B. Grey's Notes, MS S. Dr Ellison, who had this stall, saith 
he only paid to the chapter 221. ils. l^d. 

Particulars in receiver's book. 
Lib Recept. solvantur hodie capitulo pro decimis 

Garbarum de Shinkliff . - - - 960} 

Pro decimis Foeni - - - - - O90V100-0 

Pro decimis Canab. - - - - - 050} 
Pro decimis Foeni & Garbarum de Old Durham 313 4 J ^ ^ 4 
Pro decimis Lanae et Agnorum & aliis minutis D. 10 ( 
f Brown Willis, 267 Skynner's Reg. 140. Strype Eliz. p. 290, 318. Mon. 
152. Ath. Oxon.. vol. i. p. 60. 

Quere. If not deprived for non- conformity, it being so many years after the queen's 
accession. 






THE CATHEDRAL. 



and to Sherburn hospital, the 16th of July, 1577 : Was chaplain 
to bishop Pilkington, and one of the commissaries for the dean and 
chapter in the consistory, upon the vacancy of the Sec, by the 
death of that prelate. He was a troublesome non-conformist, 
and very disobedient to his patron in trifles and frivolous mat- 
ters. He died in 1585.* 

EMANUEL BARNES, D. D. was installed the 29th of July, 1585. 
He was presented to this prebend by Robert Tailbois, gentle- 
man, patron inter aliospro hac vice tantum, the26th of July, 1 585, 
and was admitted by the bishop on the 27th: Was removed to 
the fourth stall.f 

JOHN CALFHILL, A. M. was presented on the resignation of 
Barnes. He was chaplain to bishop Matthew, and was inducted 
to Redmarshall, in this county, in July, 1599, where he died, and 
was buried in 1619. By the register of dean James, it appears 
that Henry Naunton was vicar of Bedlington, and that Thoma* 
Col more was presented to that vicarage by the dean and chapter, 
the 23d of August, 1603 ; therefore it is probable, that Barnes 
succeeded Naunton in the 4-th stall that year, and consequently 
Calf hill succeeded Barnes in this stall the same year 4 

JOHN CRADOCK, A. M. was collated the 7th of August, aad 
installed the 18th, 1619. He was collated to the archdeaconry 
of Northumberland in the year 1619, and resigned it the 6th 
of August the same year, being appointed the bishop's spiritual 
chancellor, and vicar general that day. Was presented to Nor- 
thallerton, the 2^d of February, 1624, and had the rectory of 
Gainford, in this county, and vicarage of Woodhorn, in Nor- 
thumberland, at which latter place he died in 1627, and was 
buried in the church there. There was a complaint against him 
in parliament for extortion.^ He died by poison, for which his 
wife was accused and tried, but was acquitted. || 

ELEAZAR DUNCAN, B. D. was installed the 8th of January, 
1627.' He was of Pembroke Hall, Cambridge; had a fellow- 
ship, and, in 1633, obtained a degree of doctor in divinity. He 

VOL. n. 2 H 

Reg. Whittingham, p. 238. 

He moved in convocation, 1562, to have the canon law regulated. Strype 3 Eliz. 
c. 31 . p. 318. His assertions about the canon law at large. Strype, Ann. vol. i. p. 
357. Willis's Cath. 267. 

f See page 236. 

J Doctor Sharp saith, that it was certain Calfhill was prebendary at the election 
of bishop James, 1606 Grey's Notes, MSS. 

Journal of the house of Commons, vol. i. f. 709. b. 9. 

|| He was the father of Sir Jo. Cradock, commissary of Richmond. 



242 THE CATHEDRAL. 



was ordained deacon by bishop Laud, the 13th of March, 1624? ;* 
and received Priest's orders from bishop Neile, the 24th of Sep- 
tember, 1626, whose chaplain he was. On the 13th of Novem- 
ber, 1629, was installed a prebendary of Winchester ; on the 1st 
of May, 1640, prebendary of Knaresborough, in York cathe- 
dral: and on the 10th of April, 1633, was collated to the recto- 
ry of Haughton, near Darlington, in this county. He was chap- 
lain to king Charles I. and died in exile, 1649 or 1650.f 

THOMAS DALTON, D. D. was promoted by king Charles II. 
and installed the 2d of November, 1 660 : Was rector of Berwick, 
in Elmet, in the county of York, and of Dallam, in the diocese 
of Ely. He resigned this prebend. 

THOMAS CARTWRIGHT, D. D. on Dalton's resignation, was 
collated the 6th of November, 1672, by king Charles II. the See 
being vacant, and was installed the 15th of the same month. He 
was the son of Thomas Cartwright, of Broxwood, in Essex, and 
was born at Northampton, the 1st of September, 1634 : Was 
first of Magdalen College, then of Queen's College, Oxford ; had 
the vicarage of Walthamstow, in Essex ; was preacher of Mary 
Magdalen, in Milk-street, London ; vicar of Barking, in Essex ; 
minister of St Thomas the Apostle, London ; a prebendary of 
Westminster, and of Twiford, in St Paul's ; also prebendary of 
Shalford, in Wells ; chaplain in ordinary to the king, and dean 
of Ripon. He was ecclesiastical commissioner, and one of the 
delegates to enquire into the affairs of Magdalen College. To 
conclude all his ecclesiastical promotions, in the year 1686, he 
was consecrated bishop of Chester. At the revolution he fled 
into France, and came with king James into Ireland, where 
he departed this life on the 15th of April, 1689, at the city of 
Dublin, set. 55,J and was interred in Christ-Church. 

CONSTANS JESSOP, D. D. was installed the 15th of November, 
1686, descended from Constantine Jessop, a remarkable pres- 
byterian preacher: On the 27th of June, 1666, he obtained a 

* Laud's Diary, p. 15. 

f He writ de adorations Dei versus altare, which was his determ. for doctor's de- 
gree, the 15th of March, 1633. It was printed 1661, with Dr Richard Watson's 
preface. 

He died in exile, according to some in 1642. 

Walker's Suff. clergy, vol. ii. p. 20. 84. Rennet's Reg. 489, his character. 

| Ath. Oxon. vol. ii. p. 829. Newcourt's Rep. vol. i. p. 218. Contin. Supplem. 
to Collier's Dictionary. 

He made an agreement for the tithe of Old Durham for his life, at a rent which 
continued till 1713. - He preached at St Paul's, the 5th of September, 1658, on 
Gen. iii. 9. He preached at Ripon, the 6th of February, 1685, upon king James 
lid's inauguration, on 1 Kings, viii. 66, which Dr Battely (afterwards archdeacon 
of Canterbury) refused to licence, and Sir J. Jennings went on purpose to return 
Dr Battely thanks for such refusal. Grey's Notes, MSS. 



THE CATHEDRAL. 24*3 



degree of master of arts in Magdalen College, Oxford, and on 
the 4th of June, 1685, that of bachelor and doctor in divinity. 
He had the rectory of Brinton, in the county of Northampton, 
where he died, and was interred, on the 10th of March, 1695 
aet. 55.* 

JOHN BOWES, D. D. was installed the 21st of April, 1696, 
and was removed to the first stall, f 

NATHANIEL ELLISON, D. D. was collated the SOth of Sep- 
tember, and installed the 1st of October, 1712: Was of Ed- 
mund's-hall, Oxford, and from thence chosen fellow of Corpus- 
Christi College; on the 22,d of February, 1678, he obtained the 
degree of master of arts; and on the 7th of May, 1702, that of 
bachelor and doctor in divinity : Was made archdeacon of Staf- 
ford, the 14?th of July, 1682,J collated to the vicarage of New- 
castle, 1694, and rector of Whitburn, 1704. He died at New- 
castle, in May 1721, aet. 63, and was interred in St Nicholas* 
church there.J 

THOMAS MAN GEY LL. D. was installed the 20th of May, 
1721, and removed to the first stall. j| 

JONATHAN HALL A. M. afterwards D. D. was installed the 
21st of January, 1722. He was the son of John Hall, a draper 
and alderman of Durham : was a fellow of St John's College, 
Cambridge, where, from his mean principles, he became disa- 
greeable to the society, and, in order to get rid of his company, 
they presented him to the rectory of Cockfield, in the county of 

2 H 2 

* Lsc tarn hie praestolatur resurrection em 

CONSTANS JESSOP, S. T. P. 

Ecclesiae Dunelmensis prebendarius, 

Et hujus ecclesiee rector ; 

Caetera fama dabit. 
Sed nee monumento perenniori carebit 

Vir desideratissimus ; 

Quoad usque successores grates 

JEdes rectoris sustentare non piguerit, 

Quus elegantissimas, modestas tamen, 

(Animi sui quatn simillimas!) 

Propriis sumptibus condidit, 

Et ecclesiae dicavit. 

Decubuit 10 Martij. 

An. Dom. 1695. aetat. suss 55. 

Willis Cath. 
f Sec page 223. 

J Of Litchfield, and prebend of Litchfield. Ath. Oxon. vol. ii. f. 209. 
He raised the tithes of Old Durham from 131. 6s* 8d. to 201. clear of all taxes, 
anno 1714, and let a lease of them during his own life. 

He collected a valuable library, which he left to his eldest son, except a few books, 
which he gave to the libraries of the dean and chapter of Durham, and St Nicolas', 
Newcastle. Grey's Notes, MSS. 
|| See page 224. 



244 THE CATHEDRAL. 



Suffolk : He was chaplain to the lord Cadogan, when ambassador 
to the States-General, and chaplain to the garrison at Berwick. 
He died, after a long illness, on the I c 2th of June, 174-3, and was 
privately interred in the eastern transept of this cathedral, 
without any monument, though it is said he left his nephew 
20,0001, 

ROBERT STILLINGFLEET, A. M. afterwards D. D. was instal- 
led the 20th of July, 174-3, was the son of Dr Stillifigfleet, dean 
of Worcester, and grandson of the great bishop Stillingfleet ; 
Was of Wadham College, Oxford, where he took a master of 
arts degree, the 1 st of July, 1 729, and bachelor and doctor in 
divinity the 6th of May, 174-8 : He was chaplain to bishop Tal- 
bot, and afterwards to bishop Chandler : He was collated, in 
1731, to therectory of Gatesheacl, to Ryton in 17S2, and was 
made master of Sherburn hospital in 1738, and held the same 
with this prebend, to the time of his death, which happened at 
Bristol, on the 3d of August, 1759.* 

JAMES DOUGLAS was installed the 17th of August, 1759, and 
was removed to the fourth stall.f 

SAMUEL TERRICK, A. M. installed the 8th of December, 
1759* He was son of Samuel Terrick, prebendary of York, the 
elder brother of bishop Terrick, and was of Clare Hall, Cam- 
bridge. He died suddenly at Stilton, on the 8th of August, 
1761, set 55, and vras buried at Peterborough. 

JOHN MOORE, A. M. afterwards D. D. was installed by proxy, 
the 26th of September, 1761, He was fellow of Pembroke Col- 
lege, Oxford, where, on the 28th of June, 1751, he took a mas- 
ter of arts degree; in 1763,' was made canon of Christ-Church, 
where he took the degrees of bachelor and doctor in divinity, the 
1st of July, 1763: Was chaplain to his majesty king George 
III.; in 1771, he was appointed dean of Canterbury; and con- 
secrated bishop of Bangor, in 1775. In 1783, he was advanced 
to the Metropolitan See of Canterbury. 

THOMAS FOTHERGILL, D. D. provost of Queen's College, Ox- 
ford, was installed the 27th of May, 1775, on Dr Moore's re- 
signation. 

REV. R. G. BOUYER, From the ninth stall, was installed 22d 
September, 1796, on the death of Dr. Fothergill. 

REV. DR. ROBERT PRICE, from the third stall, was installed 
8th November, 1804* on the removal of Mr Bouyer to the first 
stall. 

* He held Bishop-Weremouth after the death of Mr Lawrence, till Mr Wadham 
Chandler was of age to lake it. Grey's Notes, MSS. 
f See page 39. 



THE CATHEDRAL. 245 



PREBENDARIES OF THE SIXTH STALL,* 

STEPHEN MARLEYE, B. D. a monk of Durham, appointed on 
the foundation, the 12th of May, 1541. He was sub-prior, and 
master of the frater-house, at the dissolution. The place allotted 
for his lodging was the refectory of the almerey children, north 
of the abbey gates, which he altered into a dwelling-house. He 
was deprived in the year 1572, but no reason appears. 

PETER SHAWE, A. M. was installed the 12th of August, 1572, 
when he died is uncertain.-}- 

WILLIAM S EL BY, A. M. .was collated on the 12th of July, 

1 608. In 1 607, he was presented by the chapter to the vicarage 
of Berwick upon Tweed, and on the 1st of March, 1608, to the 
vicarage of Kirk Merrington, when he died is uncertain. 

PETER SMART, A. M. was collated the 30th of December, 

1609. He was removed to the fourth stall. J 

ROBERT COOK, A. M. and afterwards D. D. was collated the 
20th of July, 1614. He was the son of William Cook, of Bees- 
ton, in the parish of Leeds, and was baptized there the 23d of 
July, 1550 : Was a student of Brazen- Nose College, and elected 
probat fellow in 1572 : In 157o, he obtained the degree of mas- 
ter of arts; was made proctor of the university in 1582, and 
took a bachelor in divinity's degree in 1584-. In June 1590 
he resigned his fellowship, and was instituted to the vica- 
rage of Leeds in December following : Was much esteemed as 
a learned man, and pious preacher: In January, 161 4-, he died 
at Leeds, and was interred at St Peter's church there.J 

FERDINANDO MOORCROFT, A. M. was collated the 6th of 
January, 1614 : Was master of Gretham hospital, in this coun- 
ty, which he resigned on his removal to the eleventh stall, the 
13th of July, 1619: On the 6th of November, 1608, he was 
collated to Stanhope, and, in 1625,. to Heighington ; died about 

* Lands assigned to the sixth stall. 

Statutis. Tertia pars Domus manerij & Parci de Mugleswic - 8 7 9i 

Capitulo antiq. solvend - - . . - - 7 9i 

Act capit 

Decimce Garbarura villa deHesled on una cum decimis manerij ib 8 13 4 

Decimae de Sherraton ibidem - . - - - - 400 

Decimae de Dalton, infra parochiam de Dalton - - 2 O 

f In the register of installment of Hugh Broughton, 1578, in the 10th stall, those 
of the chapter then present were dean Whittington, R. Swift, L. Pilkington, Francis 
Bunny, Peter Shaw, G, Cliff, and R. Fawcit. He is not mentioned in the register 
books after 1607, at which time he is named among the prebendaries who answered 
to bishop Matthew's citation in the chapter-house. 

| See page 236. 

He was author of Centura Patrum, and a good antiquary. Grey's Notes, MSS. 

Ath. Oxon. vol. i. p. 596. Thoresby's Leeds, 210 I)r James in his Treat. 

of Corruption of Fathers, p. 397, gives him an excellent character. 



246 THE CATHEDRAL. 



the year 1641, and was buried at Goswick, in the county of 
Lancaster.* 

DANIEL BIRKHEAD, D. D. collated the 14th of July, 1619; 
was removed the 3d of August, 1620, to the tenth stall. He had 
the rectory of Winston; in 1610, was collated to Egglescliff; 
died in 1624, and was interred in the cathedral at Durham, on 
the 27th of November.f 

GABRIEL CLARKE, A. M. was installed the 5th of August, 
1620, and removed to the third stall the 30th of July, 16234 

JOHN ROBSON, A. M. was installed the 1st of August, 1620. 
He was rector of Morpeth in 1611; was instituted to the rectory 
of Walton, in Northumberland, the 1st of June, 1615; was re- 
turned a member in parliament for Morpeth, in the third par- 
liament of king James I. but not allowed to sit, as being in holy 
orders : He was one of the chapter proxies to the convocation 
held at York in May, 1625 ; He was buried in Durham cathe- 
dral in 1645.$ 

RICHARD WRENCH, B. D. was collated about the 14th of 
February, 1645, by bishop Morton, but not installed for some 
years, on account of the war : Was born in the city of Chester ; 
chaplain to bishop Morton, and fellow of St John's College, 
Cambridge, from whence he was ejected by the earl of Manches- 
ter. Bishop Cosin's mandate to induct him was dated the 18th 
of March, 1660, and his installation on the 20th of that month. 
He was instituted to Heighington vicarage, the 25th of Novem- 
ber, 1661 ; was collated to Boldon the 16th of October, 1665 ; 
departed this life on the 26th of October, 1675, and buried in 
this cathedral. |j 

* The first time he is mentioned in the register is 1609, as attesting an instrument 
of bishop James. June 1617, mentioned as one of the three commissioners for in- 
thronization, &c. appointed by bishop Neile, and in 1618, at a visitation of Neile's, 
f Monuments quisquis & semesa marmora. Scientiarum viva dum vixit domus 
Viator occulis curiosis aspicis Honestitudo sed prioris sa?culi 

Et literarum validas notas Sublime acumen sed modcste sentiens 

Hie siste gradus & mitiore taedio Infastuosum judicium, sed perspicax 

Perdisce quod respicere te interest tua Docti lepores innocens prudemia, 

Et vile marmor claudit exemplum Et tot per annos vitae inoff ensus tenor, 

Birkheadus hie sepultus est Haec intus sunt omnia 

Isto sepulcro dives urna conditur Hoc te viator scire refert si quidem 

Caeli minister fidus, interpres Dei Magister vitae mortuorum memoria est. 

N. B. He occurs in this stall at the primary visitation of bishop Neile, the 21st of 
June, 1618, which is a year sooner than the date in the text. 
J See page 222 and 252. 

Willis, 269, says he vf as vicar of Hart and Hartlepool, an error ; there v*a 
another of the same name curate of Auckland, in queen Elizabeth's reign. Walker 
makes him to have been archdeacon of Northumberland. This prebendal house was 
much ruined in the late times. 

|| He is said in the register to have been first collated by bishop Morton on Max- 
ton's death. Query. 



THE CATHEDRAL. 247 



RICHARD KNIGHTLEY, A. M. was installed by proxy, the 17th 
of November, 1675, and was removed to the seventh stall. He 
was son of Thomas Knightley, rector of Byfield, in the county 
of Northampton ; had the livings of Charwelton and Aston, the 
latter of which he resigned on the death of his father, 1688, when 
he was presented to Byfield, where he died the 1 7th of Septem- 
ber, 1695, set 59, and was interred there.* 

JOHN MORTON, D. D. was installed November 29, 1676 : He 
moved from the seventh to this stall, the revenue of which is 
much inferior, to oblige bishop Morton, who wished to place his 

He was buried near the entrance into the choir. His widow married Dr Thomas 
Smith, prebendary of the first stall, afterwards dean and bishop of Carlisle. 
Walker VSuff. Clergy, part ii. p. 149. Rennet's Reg. 524. 

M. S. 
RICHARDUS WRENCH, 

S. T. B. 
Hujus ecclesiae dum vixit : 

Canonicus 
Placide hie in Domino 

Requiescit. 
Obiit xxvj die Octobris 

Anno Dom. 

MDCLXXV. 

ANNA ejur, relicta 

Maerens posuit. 

* Ath Oxon. 2 fo. 20. Bridges' Hist. Northampton, p. 116. 
In Byfield church, against the south wall, on a white marble compartment, (under the 
arms of Knightley impaling, gules, a lion ramp, argent) is the following inscription : 

Hie 

Moriture lector, 

Subter sepulchrale marmor. 

Jam juxta parentes accumbit 

(Una omnes resurgent) 
Cognata compositus terra secura simul requie 

Nominis non ita magni, 

Sed quod majus est, honesti, 

RICHARDUS KNIGHTLEY, sacerdos 

Filius Thomas Knightley hujusce olim gregis 

Fastoris per diu fidelis. 

Ipse tamen, favente Deo & adspirante semper coeptis, 
In sacram Charwelton curam institutus prius 

Et solenniter inductus 
A reverendo in Christo Patre ac nob. D. D. 

NAT. CREW, 

Dignissimo Dunelmensi prsesule, 

Prebendae ejusdem ecclesiae honores humilime accepit, 

Et in hac aede successit demum patri, 

Patri pietate quam simillimus, 
Qjuique aliis usque majora meruisse visus est, 

Sibi semper minus. 
His itaque officiis egregie pariter perfunctus, 

Et laboribus plusquam annis gravis, 
Severiore correptus morbo, morti citius concessit, 

Melioris vitae securus, 
Sep. 17". A. 1S95. ^tat. su 59. 



248 THE CATHEDRAL. 



chaplain, Knightley, therein : Was of Lincoln College, where 
he took the degrees of master of arts the 27th of June, 1667 ; 
bachelor of divinity, the llth of November, 1674-; and doctor 
in divinity, by diploma, the 6th of April, 1692. He was made 
rector of Boldon upon Mr Wrench's death, in 1676, and after- 
wards had Egglescliff. In October, 1685, was collated to the 
archdeaconry of Northumberland, and to the rectory of Sedge- 
field, in 1711, where he died, the 16th of November, 1722, and 
was interred.* He built his prebendal house whilst in the twelfth 
stall, to which he was removed in 1685 ; he also built the par- 
sonage house at Egglescliff, and made great improvements at 
Sedgefield. In 1685, there was a controversy between him and 
Sir George Wheler, concerning precedency ; the question being, 
whether the seniority was to be accounted from admission to any 
new stall, or admission to the church and chapter by the first 
installment; and the bishop, as visitor, determined in favour oiT 
Dr Morton. 

FITZHERBERT ADAMS, D. D. was installed the 1 1th of August, 
1685; was removed to the tenth stall in 1695 ; and from that 
to the eleventh in 1711: Was of Lincoln College, Oxford, 
where he took the degree of master of arts in June, 1675 , ba- 
chelor in divinity, the 2d of January, 1682 ; and doctor in divi- 
nity, the 3d of July, 1685: Was inducted to Washington rec- 
tory, the 29th of September, 1683, and elected rector of Lincoln 
College, the 2d of May, 1685. Was vice chancellor of Oxford 
in 1695, where he departed this life, the 17th of June, 1719, 
and was interred in All-Saints' church, Oxford. He received 
15001. for renewing the lease of Twiford, and laid out that sum 
in beautifying the chapel ol Lincoln College, and the rector's 
lodging: Was a benefactor to All- Hallows' church, and left 
2001. to purchase a parsonage house : He left his library to the 
college.f 

* See Sedgefield church for his epitaph. 

His prebendal house cost him 6001. and he recovered of his predecessor 801. for 
dilapidations. His daughter Dulcibella, the only child that survived him, was mar- 
ried to William Davison, of Beamish, Esq ; Morton, the last male of that family, 
being called after this lady's family name. 

f Ath. Oxon. partii. 785. f. 2 2 7. Willis's Cath. 274. 

M. S. 

Fitzherbert Adams, S. T. P. coll. Lincoln per annos 34 rector 

Quern satis commendabant oris gestusq. decor & majestas 

Plus tamen animi dotes & antiqua morum simplicitas, 

Delicata cura et eleganti nitore perpolita. 

Omnium placendi artium mirihce solers, magnatum gratia; licet, 

Non captator, facile compos fuit Nathan, pom. Crew, ornatissimo 

Prasuli Dunelm. imprimis charus qui prebendae Dunelm. 

Dignitate auxit, illumque et colleg. cui prseerat 

Quotidianis beneficiis fovit & accumulavit. 
Qbiit 27 Junij, A. D. 1719, et aetatis suse 68. 



THE CATHEDRAL. 2*9 



HENRY DOBSON, D. D. was installed the 8th of June, 1695. 
He was collated to the rectory of Boldon in 1692 ; was of Mag- 
dalen College, where, on the 3d of June, 1677* he took a master 
of arts degree ; bachelor in divinity the 1 7th of December, 1 689 ; 
and doctor in divinity the 23d of January, 1693: He died at 
London, the 23d of March, 1717, aet. 67, and was buried in St 
Margaret's church-yard, Westminster. 

JOHN DOLBEN, D. D. was installed the 17th of April, 1718, 
and removed to the eleventh stall. He was the grandson of 
archbishop Dolben, and son of Sir Gilbert Dolben, baronet.* 
Was born at Bishop Thorpe, near York : received the first ru- 
diments of literature at Westminster school, from whence he was 
removed to Christ-Church Oxford, where he took the degree of 
master of arts on the 8th of July, 1 707, and bachelor and doctor 
in divinity the 6th of July, 1717. He was sub-dean of the Chapel 
Royal in the reign of queen Anne, and had the rectory of Bur- 
ton Latimers, and vicarage of Fyndon, in the county of North- 
ampton. On the death of his father, in October, 1722, he suc- 
ceeded to the baronetage and estates; departed this life at 
Durham on the ^Ist of November, 1756, set. 73, and was inter- 
red at Fyndon.f 

WILLIAM WATS, D. D. was installed on the 18th of August, 
1719. He was born at Barnshall, in the county of York, and 
was fellow of Lincoln College, Oxford, where, on the 17th of 
June, 1708, he took the degree of master of arts; on the llth 
of July, 1719, that of bachelor in divinity; and, on the 21st of 
October following, of doctor in divinity ; and was a noted tu- 
tor in his college: In 1721, he was collated to the rectory of 
"Wolsingham : Died at Durham on the 5th of February, 1736, 
aet. 50, and was buried at the West end of the nave of Durham 
cathedral, below the font4 

VOL. n. 2 I 



* Sir Gilbert was a judge in Ireland in queen Ann's reign* He was vice pre- 
sident of the society of clergymen's sons, and kft thereto 5001. 

f He wrote a character of Dr Sibthorp. formerly parson of Burton Latymers. 
Kennel's Reg. 669 When sub dean of Durham, he addressed bishop Butler in a 
speech, as is customary at his first coming to the diocese, the 28th of June, 1751. 
The living of Fyndon he augmented greatly, by granting tithes to it. He was 
chosen visitor of Baliol College, Oxon, by the fellows, a privilege which no other 
college in Oxford or Cambridge enjoys. There is a good portrait of Sir John, done 
in mezzotinto, by Faber, after a painting by Taylor. 

J: Bishop Caew recommended Dr Lupton (preb. 9.) 'to succeed Dr Adams, as 
rector of Lincoln College, Oxon ; and Mr Wats was the only fellow who voted for 
him, for which the bishop gave him this prebend, and the rectory of Wolsingham. 
Grey's Notes, MSS. 



250 THE CATHEDRAL. 

HENRY BLAND, A. M. was installed August 2, 1737. He 
was the eldest son of Henry Bland, dean of this church ; recei- 
ved the first rudiments of literature at Eton, from whence he was 
removed to Christ-Church College, Oxford ; admitted a gentle- 
man commoner, and took a bachelor of arts degree ; he obtained 
an honorary degree of master of arts at Cambridge ; and in 1 74? 7, 
a degree of doctor in divinity. On the 23d of August, 17 15, he 
was inducted to Washington, and also held the rectory of Bishop- 
Weremouth. He was formerly beneficed in Lincoln. Died at 
his prebendal house on the 7th of May, 1768, act. 64?, and was in- 
terred in the eastern transept of this cathedral.* 

M. s. 

GULIELMI WATS, S. T. P. 
Qui in villa de Barns Hall in agro Eboracensi natus 

Oxonij ingenuis artibus innulritus, 
Et in numerum sociorum coll. Lincolniensis cooptatus, 

Per annos complures juventuti 

Academica literatura erudiendae, 

Et discipline, formandae. 

Sedulo & feliciter incubuit. 

Exinde tandem a Domino Don. Crew, 

De quo uptime jam in collegio promeruerat 

Evocatus, 

Ut primo in hanc ecclesiam ascisceretur, 

Dein paroeciae de Wolsingham praeesset, 

Pastorem se praestitit fidum benignum, pacificum, 

Canbnicum yero tarn dignitati muneris, quam oneri parem 

Quippe qui sibi assiduo studio comparasset 

Quaecunq. vel faciunt theologum vel ornant 

Erat animo constant! et invicto licet valetudine 

Quam pro speetabili corporis compage infirmiori : 

Improborum censor impavidus, bonorum promptus fautor, 

A recto, quatenus innotuit neutiquam dimovendus, 

Apostolicac veritatis assertor. 
Ecclesia; Anglicanae jurium vindex, rituum observans. 

Hisce virtutibus. 
Licet ipse satis, adhuc superstes, memoriae suae consuluerit, 

Non sustinuit tamen vidua ejus moestissima 
Quin hoc marmor, aliquod saltern elogium optimi mariti prasfetens, 

In amoris mutui testimonium poni curaret 

Obiit nonis February, Anno Dora. MDCCXXXVI. ^tat. L. 

Conduntur reliquiae post parietem, 

* H. S. E. 
HENRICUS BLAND, S. T. P. 

Henrici Bland, S. T. P. 
Hujus ecclesia: uuper decani 

Filius natu maximus 

Vir excellenti ingenio praeditus 

Et, quod eo patre natum, eodem prarceptore institutum, decuit, 

Eximie eruditus : 

A reverendo admodum patre 

Edwardo Chandler, episcopo Dunelmensi. 

Ecclesiarum de Washington & Weremouth episcopi 

% Cwnpwed by Dr Seeker, preb. of Durham, and bishop of Bristol 



THE CATHEDRAL. 251 



CHARLES WESTON, A. M. was installed the 2d of August, 
176&, being removed from the ninth stall: Was a grandson of 
the bishop of Exeter, and son of Edward We&ton, of the city of 
Lincoln, Esq; writer of the Gazette from many years, and one 
of the chief clarks of the signet office : Was a student of Christ- 
Church, and took a master of arts degree on the 18th of April, 
1755 : Rector of Thirfield, in the county of Hertford, 

REV. THOMAS BURGESS, from the ninth stall, was installed 
22d June, 1702, on the removal of Mr C. Weston, to the ele- 
venth stall. 

REV. W. N. DARNELL, from the ninth stall, was installed 28th 
October, 1 820, on the removal of Dr. Burgess to the second stall. 

PREBENDARIES OF THE SEVENTH STALL.* 

ROBERT DALTON B. D. appointed on the foundation, the 
12th of May, 154-1. In the year 1560, he was deprived for re- 
cusancy, and committed to the custody of lord Dacres, of the 
north ; was instituted to Biliingham in 1547 ; and esteemed rich, 
but arrogant and unlettered. The place allotted to him, at the 
suppression of the convent, was the granary for wheat and malt, 
which he converted into a handsome dwelling. 

THOMAS SAMPSON was installed the 9th of September, 1560, 
by proxy, at which time he had no degree. He was presented 
by queen Elizabeth, and admitted, by her commissioners for 
spiritualities, sede vacante : Was one of those concerned in trans- 
lating the Bible. He was dean of Chichester, 15S2; rector of 

2 I 2 

Rector constitutus A. D. MDCCXXVto. 

Ad VI turn in hac ecclesia canonicatum 

Ab eodem promotus A. D. MDCCXXXVIImo. 

Quibus muneribus pro virili exequendis 

Quod reliquum erat vitas impendit, 
Obiit Vllmo. die Maij. A. D. MDCCLXVIIIvo. 

^tatis suae LXVto. 

Fratri carissimo benemerenti 

Sorores superstites. 

Posuerunt. 

* Lands, $c. assigned to the seventh stall. 
Statutis. Domus & terra Dominicales manerij de Finkalo cum ) 



Molendino & Stagno ibidem vocat. le Dam. 

Capitulo antiq. solvend. - - - - - 1198 

Act capituli Decimse Garbaram de Harton, infra paroch. de Jarrow 910 

Decimae de Walsend infra eandem - - 3 13 4 

Decimae de Wardly et Felling infra eandem - 106 

Solvit canon. 7mussingulisannispro quart, part, nonimprov 5 

\ Composed by Dr Lowth, prcb. of Durham, and bishop of Oxford, and lat bfehop of Londwi. 



THE CATHEDRAL. 



All Hallows', Bread-street; and made dean of Christ-Church, 
Oxford, 1561, of which he was deprived in 1565; afterwards 
wasmade master of Wigstan's hospital, in Leicester, where he died 
the 9th of April, 1589, and was buried.* He was succeeded by 

WILLIAM BIRCH, A. M. installed the 4th July, 1562: Was 
rector of Gateshead, and deprived for non-conformity, 1567.f 
He was warden of Manchester College, 1560; rector of Stan- 
hope, the 25th of August, 1564; and also of Gateshead. 

LEONARD PILKINGTON, D. D. was collated the 1st of August, 
and installed the 6th of September, 1 567 : He was brother to 
the bishop and Joseph Pilkington, and rector of MickUeton, the 
20th of March, 1560 : Was admitted master of St John's Col- 
lege, Cambridge, the 19th of October, 1561, which he resigned 
in 1.5f>2; was regius professor of divinity there in 1561; was 
rector of Whitburn, where he built the house now Sir Hedworth 
Williamson's, and the great parsonage barn. In 1 592 he was 
treasurer of this church.} 

MARMADUKE BLAKISTON, A. M. was the son of J. Blakiston, 
of Blackiston, Escj ; was installed in 1601, and was vicar of Wood- 
home, and treasurer of this church in 1 606 ; On the 14th of Oc- 
tober, 1585, was collated to Redmarshall; and in July, 1599, to 
Sedgefield : On the 95th of November, 1615, was collated to the 
archdeaconry of the East- Riding of Yorkshire; and the 6th of 
March, 1617, was installed prebendary of Wistow, in York cathe- 
dral. In 1623, he resigned his stall at York in favour of his son, 
Thomas Blakiston ; in 1625, he did the same touching his arch- 
deaconry, in favour of J. Cosin, afterwards bishop, who married 
his daughter ; and in 1631, he resigned this prebend and 
Sedgefield, in favour of his son, Robert Blakiston. He died at 
Newton, near Durham, the family seat, and was interred in St 
Margaret's church, Crossgate, the 3d of December, 1639.|| 

ROBERT BLAKISTON, A. M. was collated the 27th of Novem- 
ber, and installed the 14th of December, 1631. He married 
bishop Howson's daughter, and died the 17th of January, 1634, 
before his father, but survived the bishop : He was one of the 

* Memoriae & honori Thomas Sampson, theologi ; hierarchies Romans, papaliumq. 
rituum hostis acerrimi ; sinceritatis evangelicre assertoris constantissimi ; hnjus bos- 
pitalis per 21 annos custodis fidelis ; de republica Christiana op time meriti, pair, 
chariss. hoc monumentum posuerunt Johannes & Nathanael filii. 

f Reg. Skynner, p. 175. ib. 160. Ib. 231. 

i D. Skynner's Reg. d. 135, 239 Fuller's Hist. Camb. p. 95 Monum. p. 
153. Query when he died. By the Register it appears, Mann. Blakiston had this 
tall, A 1601. Bishop Matthew's visitation. 

Ath. Oxon. vol i. f. 125. 

|| He was father of Jo. Blaltiston, of Newcastle, who was one of king Charles I. 
judges. Marmaduke, his son, sold Newton Hall estate, near Durham, to Sir H. 
Liddell'k family. 



THK CATEHDBAL. S53 



eight prebendaries that supported the canopy over the head of 
king Charles I. when he came to visit the cathedral.* 

MATTHEW LEVET, A. M. was collated the 24lh of January, 
1634 : Was fellow of St John's College, Cambridge, and pupil 
to bishop Morton : He had a prebend, and was sub-dean in 
Ripon Church, and held his preferments in 1641, but how much 
longer doth not appear.f 

ISAAC BASIRE, D. D. was installed the 12th of August, 1643. 
In the Biogra. Brittannia, we are told he was born in Jersey, 
from the authority of Wood,f which the annotator contradicts, 
but without telling us the certain place of his nativity. Grey, 
in his MS. Notes, says, he was born at Rouen, in Normandy, 
but quotes no authority t the place of his education is equally un- 
certain. The first of his being noted to us is under the patro- 
nage of bishop Morton, who ordained him deacon and priest 
whilst bishop of Litchfield, and made him his chaplain : In Sep- 
tember, 1636, he was collated to the church of Egglescliff; in 
July, 1640, he had the degree of doctor in divinity conferred 
upon him at Cambridge, by mandate, and was incorporated in 
the same at Oxford, in November following ; about which time 
he was made chaplain in ordinary to king Charles I. On the 
24th of August, 1644, was appointed to the archdeaconry of 
Northumberland; and, on the 7th of July, 1646, was inducted 
to the rectory of Stanhope, on the presentation of king Charles 
I. On the breaking out of the rebellion, he was sequestered, 
plundered, and obliged to abscond, and after flying to the king 
at Oxford, and sharing in the distresses of his sovereign, he fled 
the kingdom, and went to propagate the doctrine of the church 
of England among the Greeks and Arabians, travelling through 
Apulia, Naples, Sicily, Morea, &c. into Syria and Palestine. 
During his travels he collated the several confessions of 'faith of 
the different sorts of Christians, Greeks, Armenians, Jacobites, 
Maronites, &c. which he kept by him in their own languages : 
In his travels he endured many hardships, particularly in 1653, 
he passed from Aleppo to Constantinople by land, being 600 
miles, without either servant, or Christian, or any man with him, 
that could speak the Frank language ; yet, by the help of some 
Arabic acquired at Aleppo, he performed that journey in the 

* Ralph, his brother, was rector of Ryton. Brown Willis says, Robert was rector 
of Bromstede in Norfolk. He attended bishop Morton's visitation, the 15th of 
November, 1633. 

f Morton's Life p. 67. In the Register Dr Basire's collation to this stall is 
dated the 24th of November, 1643.^Rymer'a Fcedera, vol. xix. p. 611, say* Levet 
was collated the 24th of February. 

J Fasti, vol. i. f. 285. 



254 THE CATHEDRAL. 



company of twenty Turks/whosejcourtesyjwas purchased by his 
dispensing to them in the physical line, he having studied medi- 
cine at Padua. On the Restoration, he was recalled to England, 
and put in possession of his ecclesiastical benefices. He was the 
author of many religious tracts and discourses, as also the Life 
of Dr Cosin, bishop of Durham, published with his funeral ser- 
mon. He departed this life on the^l2th of October, 1676/aet. 
69, and was interred in the cathedral church-yard at Durham.* 

JOHN MORTON, B. D. was installed the 16th of October, 1676, 
and soon after removed to the sixth stall.f 

RICHARD KNJGHTLEY, A. 3VJ. was installed the 29th of No- 
vember, 1676, removed from the sixth stall.f He died at By- 
field, in the county of Northampton, 1695. 

JOHN SMITH, D. D. was installed the 26th of September, 
1695. He was the eldest son of Mr William Smith, rector of 
Lowther, in Westmoreland; was admitted a minor canon of this 
church on the 20th of July, 1682, and had the office of precen- 
tor: On the 20th of July, 1683, he was appointed to Croxdale 
curacy; and the 1st of July, 1684, to Witton-Gilbert curacv. 
On the 12th of June, 1695, was collated to Gateshead rectory 
and hospital; andin^July, 1696, took the degree of doctor in di- 
vinity : And on the 28th of July, 1704, was collated to Bishop- 
Weremouth, having previously resigned Gateshead. He re- 
paired and altered his prebendal house at the cost of 2001. and 
expended 2001. in repairs of the chancel at Weremouth. ' He 
rebuilt the parsonage house at no less cost than 6001. receiving 
of Dr Grey's executors for dilapidations not above 1001. and in 
his asserting and recovering the rights of that church, he expend- 
ed 6001. notwithstanding which he died rich.J At the time of 

Ath. Oxon. vol. i. Biogr. Brit. vol. i Vide Ger. Vossius's Epistle to him 
178 ; and two of his epistles to Vossius, in the same collect. Walker's Suff Clergy 
Tol. ii. p. 19, 20. Kennel's Reg. 228, 526, 709. 

Depositura 

IS. BASIUE, S. T. D. 
Archidiaconi Northumbr. hujus 
Eccl'iaj canonici & regibus augg. 

Carolo Imo & Carolo lido 

Sacris, qui ob dorraivit 12 die 

Octob. A D'ni, 1676, 

A aetat. suac 69, 

1 Thess. iv. 14. 

Deus eos qui dormierunt per 

Jesum adducet cum eo. 

f See page 247. t See page 247. 

4 He was the only instance of ascending from a minor canon's seat to a prebend. 
-He left a considerable estate to his eldest son George, who lived mt Burnhall, 



THS CATHEDRAL. 255 



his death he was printing a most correct edition of Venerable 
Bede's works, the preparing of which cost him fourteen years la- 
bour: This was published by his son after his decease, in April 
1722. He died at Cambridge in the month of July, 1715, and 
was interred in the anti-chapel of St John's College chapeL* 

THOMAS EDEN, LL. D. was installed the 23d of August, 1715, 
being removed from the ninth stall. He was the fourth son of 

near Durham, a non-juror and said to be nominal bishop of Durham with that 
society. In personal and real estate, he died possessed of upwards of 15,QOOl. He 
had 45001, portion with his wife, and got 1 1001. for the colliery of Prior Close, part of 
corps land of his prebend, of which he let a lease. Grey's Notes, MSS. 

* M. S. 

JOHANNIS SMITH, S. T. P. 
Lowtheriae in agro Westmariensi nati. 

Qui Juvenis 

In hoc celeberrimum collegium cooptatus est ; 
Ubi bonis moribus informatus, et ingenuis artibus 

Eruditus, ejusdem collegii decus 
Totiusq. ecelesioj ornamentum evasit : 

Quern 

Mira facilitasmorum et elegantia, comitati 
Adjuncta semper gravitas, animi candor et modestia 

Ornatum ; 

Ingenii faecunditas, accumen judicii, memoriae vigor, 
In re literaria promovenda fatalis industria 

Doctum. 

In adversis rtbus animi magnitude, in secundis 
Continentia, in Deum deniq ; suosq. singularis pietas 

Optimum fuisse demonstrarunt. 

Ob haec merita, quibus Hon. tissimL et Rev.di admodum episcopi 

Gratiam sibi conciliavit, in numerum canonicorum 

Dunelmensium prius adscitus, dein in ecclesiam 

Weremuthae epi. parochialem, promotus est. 
Hiscc sacerdotis honestis auctus, ea non minus dign, 

Quam ipsa ilium, exornavit. 
Antiqua ecclesia? jura et privilegia nemo fortius 
Defendit. Eloquentiam cum theologia omnesq ; 

Bonas artes cum sacris literis adeo conjunxit; 
Ut orator copiosus, philologus eximius, theologus 

Absolutus merito audiret. 

In historicis, Anglicis prassertim, evolvendis 

Fuit maxime assiduus ; advertensq ; animum, 

Quod polita Venerabilis B^ED^E operum 

Historicorum desideraretur editio, id laboris 

A nullopotius. quam a canonico Dunelm, B^ED^E 

Set compresbytero et populari, subeundem duxit : 

Huic igitur muneri se accinxit j sed, proh dolor ! 

Dum non vulgari studio praelo insudaret ; 

Morte in medio opere immatura praereptus eat : 

Et intra sacram hujus collegii tedem, cujus in gremio se 

Nutritum non sine pia voluptate saepius jactavit, 

Humatus est 
Natus, Anno D'ni. 1659, 
ObiitSO Julii, 1715. 



256 THE CATHEDRAL. 



Sir Robert Eden of West- Auckland, baronet ; was educated at 
Newcastle school, under the famous Thomas Rud, and admitted 
of Trinity Hall, Cambridge : He was chaplain to Lord Crew ; 
collated to the rectory of Winston in 1709 ; and to Brancepeth, 
17*9. Upon Sir George Wheler's death, he was appointed of- 
ficial to the dean and chapter, the 12th of February, 1723. He 
died on the 3d of March, 1754, ret. 71, and was buried in the 
cathedral church-yard, by his will expressly prohibiting his re- 
mains being interred in any church.* 

JOSEPH SPENCE, A. M. was installed the 24th of May, 1754: 
Was bora of poor parents in Northamptonshire; educated at 
Winchester school; was of Trinity College, Oxford, where he 
continued two years ; and afterwards of New College, where he 
held a fellowship, and took a degree of master of arts, the 2d of 
November, 1727: Was instituted to the rectory of Birchanger, 
in Essex, the 10th of August, 1728, which he resigned about 
December, 1742; was presented, by the warden and fellow of 
New College, to the rectory of Harwood Magna, in the county 
of Bucks; and Was made professor of modern history at Oxford, 
in the room of Dr Holmes, who was appointed dean of Exeter 
in 1742. He died the 20th of August, 1768, at Byfleet, in 
Surry, aet. 65.f 

NEWTON OGLE, D. D. installed the 27th of October, 1768, 
the son of Nath. Ogle, M. D. of Kirkley, in the county of Nor- 
thumberland, physician to the army under the duke of Marl- 
borough* Dr Newton Ogle was made archdeacon of Surry, in 
1761, and installed dean of Winchester the 2 1 st of October, 1 769. 

* Here lye interr'd. 

The remains of the Rev. Tho. Eden, LL. D. 
Forty-two years prebendary of this cathedral, 

And rector of Winstone. 
By the donation of the late Lord Crew, 

L<* bishop of Durham, 
Hector also of Brancepeth ; 

"Whose life and conduct, 
Labours to promote true religion, 

Extensive charity to the poor, 
Chearfulness amongst his friends, 
And goodwill towards all mankind, 

Endeared him to all 

Who had the happiness of knowing him, 
And made bis loss to be universally lamented. 

He died in the college, 

March yeS'd, 1754, aged 71. 

This monument was erected to his memory 

By his affectionate nephew 

Sir Robt. Eden, Bart. 

Burd 6 Mar. 1754. E. regist Cath. 

f He fell into a pond, where he was found dead, He was the author of a ce- 
lebrated publication, stiled Polymetis. 



THE CATHEDRAL. 257 



REV. ROBERT GREY, D. D. was installed the 4th of February, 
1804-, on the death of the Rev. N. Ogle, D. D. 

PREBENDARIES OF THE EIGHTH STALL.* 

JOHN TOWTON, S. T. B. appointed at the foundation, the 12th 
of May, 154-1. He was deprived for recusancy on the royal vi- 
sitation, 1560. 

ADAM SHEPERDE was installed the 18th of July, 1560, being 
presented by the queen, the See vacant : He was admitted by 
Dr Watson and Dr Crawforth, prebendaries of this church, who 
were guardians of the spiritualities, by virtue of a commission 
from the chapter of York, their archbishop being deprived, and 
the dean absent, f He died in the year 156S. 

THOMAS LEVER, was installed the 21st of February, 1563. 
He was born in Lancashire, and was preacher to king Edward 
VI. was elected master of St John's College, Cambridge, the 
10th of December, 1551 ; was contemporary and fellow collegian 
with bishop Pilkington, archdeacon of Coventry, and on the 28th 
of January, 1562, made master of Sherburn hospital, in which 
year he subscribed the articles. He changed his religion in 
queen Mary's reign, and was deprived, in 1567, of his prebend 
for refusing to comply with ecclesiastical orders, but kept the 
hospital to the time of his death, which happened in July 1577, 
and was interred there.:f 

RICHARD LONGWORTHE, D. D. was collated the 9th of No- 
vember, and installed the 3d of January, 1567. He was born 

VOL. n. 2 K 

Lands atsigned to the eigth stall. 

Stat. Tertia pars domus Manerij & Parci de Mugleswick - 8 7 9% 

Capitulo antiq. sol vend. - - - - 7 9 
Act. Capit. Decimae assignat. 

Decimse Garbarum de Wai worth, infra paroch de Heighington TOO 

Decimal Garbarum de Preston, infra paroch. de Ackliff 3 13 4 

Decimse Garbarum de Ketton, ib'm - - 568 

Decimae Garbarum de Magna Ricknel ib'm - - 13 4 
Lib. recept. Solvit capitulo octavus canonicus quotannis pro decimis 

deparva Ricknole - - - - - 068 

f Vid Reg. Horn, 122. 2 Reg. f. 123. Querehow this circumstance happened ? 
The mandate for installment bears date the 18th of July, 1560. 

J Reg. p. 190. He was brother to Ralph Lever in the fifth stall; preacher to 
the English exiles at Yarrow, in Switzerland. His sermons printed in 1.573. 
Another publication intitled The Right Way from Danger of Sin and Vengeance, 
1575. Strype's Ann. vol. i. 218, and Life of Parker, 275. Strype's Eliz. p. 105 
151, 132, 290. Grindal, lib. ii. c. 4. p. 170, 189. Parker, lib. iii. c. 8. p. 22, 

and lib. iv. c. C. Fuller's Hist, of Camb. p. 95. Fuller's worthies. See a. 

short account of his sermon at Paul's Cross, in Wood's Hist, and Antiq. Oxon. 
See his concern for preserving coll. nnd hospitals, 2 Strype Ann 512, &c. 



258 THE CATHEDRAL. 



at Bolton, in Cheshire, and ordained deacon the 9th of March, 
1560, being master of arts, and fellow of St John's College, 
Cambridge, at the age of twenty-seven : Was admitted master 
of St John's, the 1 1th of May, 1564-, which he resigned in De- 
cember, 1569; was installed prebend of Worcester, the 3d of 
June, 1568; and promoted to the deanry of Chester, the 28th 
of February, 1572, upon which he resigned his prebend in this 
cathedral. He departed this life in 1579 ; and by his will, dated 
the 19th of April in that year, gave a legacy to his host at the 
Red Lion, in Holborn, so that it is probable he died there. 

FRANCIS BUNNEY, A. M. was installed the 13th of May, 1572. 
He was the third son of Richard Bunney, of Newland, near 
Wakefield, Esq ; born on the 8th of May, 1543 ; was fellow of 
Magdalen College, in 1563; chaplain to the earl of Bedford; 
collated to the archdeaconry of Northumberland, the 20th of 
October, 1573, which he resigned for the rectory of Ryton, to 
which he was inducted the 13th of September, 1578. He died 
on the 16th of April, 1617, aet. 75, and was interred in Ryton 
church.* 

FRANCIS BURGOYNE, D. D. was installed the 6th of May, 
1617. He was collated to Bishop- Weremouth in 1595; was 
rector of Spofforth, in the county of York ; and collated to the 
archdeaconry of Northumberland, the 13th of September, 1631. 
He died in 1633.f 

ANTHONY MAXTON, A. M. was collated the 23d of May, 
1633. He was a Scotchman by birth, and recommended to bi- 
shop Morton, by king Charles I. he took deacon's orders in 
1608 ; and was ordained priest in 1609 : Was collated to Wol- 
singham rectory the 21st of June, 1614; and instituted to the 
rectory of Middleton in Teesdale, on the 10th of July, 1619, on 
the presentation of Charles, then Prince of Wales. He died 
about the year 1641, and was interred at Wolsingham.j 

* Ath. Oxon. vol. i. Dav. Mon, 153* Strype's Ann. vol. ii. 482 Was called a 

precise 7nan by bishop Sandys, p. 525. Student in Oxford, 1558 ; perpetual fellow 
of Magdalen, 1582 : He preached two sermons on Rom. iii. 28, at Durham, which 
he printed, 1616, and dedicated to the bishop. He left 501. to the chapter library. 
For his epitaph, see Ryton church. 

f He was one of the proxies mentioned in the commission for inthronization of 
bishop Neile, the 13th of October, 1617, in which he is expressly called a canon of 
this church. His dividend was paid him by William James, treasurer Mich. 1635, 
so he survived that time. Grey's MSS. 

\ He left no sons. Married his- youngest daughter to Bowes of Streatlam ; 
another to Sir Joseph Craddock ; and another to Thomas Featherstone of Stanhope. 
He was not master of Sherburn hospital, but managed it for Mr Murray, and 
thereby enriched himself. Grey's Notes, MSS. Walker's Suff. Clergy, voU ii. p. 
21. His life wrote by Baddeley. 



THE CATHEDRAL. 259 



JOHN BAR WICK, D, D. was collated by bishop Morton* but 
never installed, as he resigned this stall for the fourth prebend.* 

ROBERT GREY, D. D. was collated the 10th of May, 1652, 
but not installed till the 2d of November, 1660. He was the 
brother of lord Grey of Wark ; was collated to the rectory of 
Bishop- Weremouth, the 15th of March, 1652: His parsonage 
house being greatly injured in the turbulent times, he was obliged 
to rebuild the front of it. In July, 1660, he was made bachelor 
of divinity at Cambridge, by mandamus, and in September fol- 
lowing, was in like manner created doctor in divinity : He de- 
parted this life the 9th of July, 1704, set. 94 and was buried at 
Bishop- Weremouth. 

ROBERT OSTLY, A. M. was collated the 28th of July, 1704. 
He was rector of Abinger, in Surry, was of Trinity College, 
Cambridge, and many years chaplain to bishop Crew. He died 
on the llth of May, 1743, at his rectory, where he was interred.f 

JAMES LESLEY, A. M. was installed the 20th of July, 1743. 
He Was a native of Ireland, curate of St Nicholas', Dublin, mar- 
ried a niece of bishop Chandler, to whom he was chaplain : Was 
collated to Wolsingham in 1741, and resigned it for Sedgefield, 
to which he was collated in May, 1747, being at that time doc- 
tor in divinity, an Irish degree of Trinity College, Dublin : Was 
a man of little learning. He accepted the bishopric of Limerick, 
in Ireland, for a resignation of this stall, and the rectory of 
Sedgefield, in favour of Dr Lowth, then archdeacon of Win- 
chester, who declined the bishopric of Limerick, but had liberty 
to exchange the appointment for English preferments. He died 

at ublin - T i. r ^ , 

ROBERT LOWTH, D. D. was installed the 29th of October, 

1755, on Lesley's resignation. He was a son of William Lowth, 
prebendary of Winchester; educated at Winchester school; 
became scholar and fellow of New College; took. the degree of 
master of arts, on the 8th of June, 1737 ; and that of doctor hi 
divinity, by diploma, the 8th of July L754. In 1750, lie was 
made archdeacon of Winchester, which he resigned: Was 'in- 
stituted to the rectory of Sedgefield, the 23d of October, 1755; 
was chaplain to lord Huntington, lord-lieutenant of Iretehxl, and 
to their majesties George" II. and III. On the 17th of May, 
1766, he was consecrated bishop of St David's ; and translated 

2 K 2 

.iJ.vT 

* See page 238 and 208. 

f He had a dispensation from the crown. He died a bachelor, and bequeathed 
to pious uses 701. a year, leaving Sir John Evelyn his trustee Grey's Notes, MSS. 
8. Aubrey's Antiq. Surry, voLiv. p. 112. 



260 THE CATHEDRAL. 



to Oxford, in 1767, holding this prebend, and his rectory, in 
commendam. In March, 1777, he resigned Sedgefield, and was 
removed to the See of London. 

RICHARD KAYE, LL. D. was installed the 10th of July, 1777, 
sub-almoner to his majesty. He resigned this stall in 1783, on 
being appointed dean of Lincoln. 

CHARLES POYNTZ, D. D. was educated at Christ- Church, 
Oxford, where he took his master of arts degree, the 4th of May, 
1759 : bachelor in divinity, the 25th of November, 1769 : and 
doctor in divinity, the 7th of December, 1769 : Was installed in 
this prebend the 24th of January, 1784. He held some eccle- 
siastical preferments in Norfolk and Wales. 

REV. D. DURELL, (from the ninth stall,) was installed 22d July, 
1809, on the death of Dr. Poyntz. 

PREBENDARIES OF THE NINTH STALL.* 

NICHOLAS MARLEY, B. D. the 12th of May, 1541, by the 
foundation. He was instituted to Pittington vicarage, the 9th 
of April, 1548; was deprived thereof in 1560, and sentenced 
not to corne within eight miles of Durham. He was also de- 
prived of this stall, for recusancy. 

THOMAS HORTON, clerk, was presented by queen Elizabeth, 
the 15th of January, 1560, the See being then vacant : It is pro- 
bable he was never installed, as he resigned the same month. f 

WILLIAM STEPHENSON, B. D. was presented by queen Eliza- 
beth, and installed the 28th of January, 1560. The queen ap- 
pointed him preacher at Berwick, and dispensed with his resi- 
dence, allowing him the full profits of his prebend. ;f He was 
appointed official to the dean and chapter, for Northumberland, 
the 24th of May, 1561 ; was vicar of Gainford, and also vicar 
of Hartburn. He died in the year 1575, and was buried be- 
fore the choir door of this cathedral. 

RICHARD FAWCETT, B. D. was installed the I Oth of January, 

1575. He was inducted to the rectory of Boldon, the 14th of 

* 

* Lands, $c. assigned to the ninth stall. 

Stat. Manerium de Rylly, et Almner Barnes - 804 

Capit. antiq. solvend. - - - 004 
Act. capit. Decimse assignat. 

Decimal Garbar. de Heighington, p* ann. - 13 6 8 

Decimse de West Thickley - - - - 100 

Lib. recept. Solvit capitulo non. canonicus pro decimis Garbar. de 7 ^ ^ ^ 

Bracks quotannis - - -- - - j 

f Rymer, vol. IT. 

f Reg. Horn, p. 132, Skynner's Reg. p. H4 Wharton's Angl. Sac. vol. i. 

p. 784. 



THB CATHEDRAL, 261 



April, 1575. By his will, he ordered his remains to be interred 
in the chancel of Boldon church.* 

GEORGE MOORCROFT, A. M. In a list of the prebendaries 
who answered at ihe visitation of bishop James, 1610, it appears 
he had this stall. He was rector of Stanhope arid Wolsingham, 
and died in 1648.f 

THOMAS TRIPLETT, D. D. was collated to this prebend the 
20th of March, 164-8, by bishop Morton, though not installed 
till the 2d of November, 1660. He was born at or near Oxford, 
and was student in Christ- Church ; had Whitburn in 1631; 
was rector of Washington in 1 640 ; held a prebend in York ca- 
thedral, 164-1, and another in Sarum 1645; and within those 
periods was vicar of Woodhorn, in Northumberland. He ex- 
changed his stall in this church with Dr Sancroft, for one at 
Westminster. Died the 18th of July, 1670, set. 70, and was 
buried in Westminster abbey.f 

WILLIAM SANCROFT, D. D. was installed the llth of March, 
1661. He was born the 30th of January, 1616, at Fressing- 
field, in the county of Suffolk, the family's place of residence for 
three hundred years. At the age of eighteen he was placed at 
Emanuel College, Cambridge, and matriculated in the year 
1634- : In 1637, was admitted to the degree of bachelor of arts; 
and master of arts in 164-1; the year following, was elected a 
fellow of his college; and took the degree of bachelor in divinity 
in 1648, but, refusing to take the covenant, was ejected from his 
fellowship in the year 1649 ; upon which he went abroad, and 
became intimately acquainted with the most considerable Eng- 
lish loyalists then in exile. In 1660, he was chosen one of the 
university preachers, though it appears he was at Rome when 
king Charles II. returned to England. Soon after the resto- 

* In the treasurer's book for 1609-10, it appears that Fawcett was paid to Christ- 
inas, 1609, his executors to Lady-day following, and Moorcroft to Midsummer, 1610. 
And there is a memorandum that Fawcett died the 5th of February, 1609.- 
Grey's Notes, MSS. 

fin the registers he appears at all visitations, till the time of the rebellion ; the 
register being discontinued from 1643 to 1660. In a lease let to one Edward 
Moorcroft, the 18th of November 1611, of the corps of this prebend, is a provisoe, if 
Geo. Moorcroft so long live. When king Charles visited this church the 1st of 
June, 1633, one of the Moorcrofts, but it is not said which of the two, was among 
the prebendaries who held the conopy. Dr Sharp saith .this lease cf Moorcroft's 
corps to Edward, was made by the dean and chapter for 21 years, provided the said 
Geo. Moorcroft so long live. Grey's Notes, MSS. 

| See a letter of his to lord Falkland, in Dr Hammond's works, vol. ii. p. 629. 
Ath. Oxon. vol. i. and ii. Walker's Suff. Clergy, vol. ii. p. 68. 

A MS. of Mr Henry Wharton. In a MS. vol. of collections now in St.- John's 

College library, Oxford, by Dr Rawlinson, the following is observable : " Wm. 

"Sancroft, at Padua, entered a student as appears by a testimonial, signed by the 
" projector and Syndik, 10th March, 1660.'* ref. to Coll. Curio. Oxf. 1781. 



262 THE CATHEDRAL. 



ration, Dr Sancroft came home, and bishop Cosin> who knew 
him abroad, appointed him one of his chaplains; and on the 7th 
of December, 1661, he was collated to the rectory of Houghton- 
le-Spring, in which year he assisted in renewing the liturgy. By 
mandamus, he was created doctor in divinity in the month of 
March, 1661-2; and on the 14th of August following, was 
elected master of Emanuel College, which he governed with great 
propriety. In the beginning of the year 1 663-4-, the doctor was 
promoted to the deanry of York, which he held but a short time, 
yet long enough to expend 2001. more than the revenue produ- 
ced, in repairs and other incident charges ; during that short 
period bringing the church accounts into excellent order. On 
the death of Dr John Barwick, in 1664, he was removed to the 
deanry of St Paul's, soon after which he resigned Houghton, 
and the mastership of Emanuel. He now gave much attention 
to the repairs of his church, till the fire, in 1666, occasioned all 
his thoughts to be employed in rebuilding that fabric, to which 
he contributed 14001. besides unwearied endeavours to promote 
a subscription : He rebuilt the deanry house, and improved the 
revenue thereof, as well as other livings in his gift, as dean. In 
1668, he was admitteid archdeacon of Canterbury, on the king's 
presentation, which he resigned in 1670. In 1677, being then 
prolocutor of the convocation, he was advanced by king Charles 
II. to the archbishopric of Canterbury, in which most conspicu- 
ous character, surrounded with the perils and errors of the times, 
he conducted himself with singular prudence, perspicuity, and 
religious virtue : His revenues were not dissipated in luxury and 
ostentation, but disposed in works of charity, munificence, and 
hospitality. He resigned this stall in lf>74, having rebuilt the 
prebendal house. He attended king Charles II. on his death 
bed, when it is said, he made some remonstrances, and pressed 
sundry exhortations on the sovereign, towards which the com- 
plexion of the court had warmed his spirit. In 1686, the doctor 
refused to act. in the commission issued by king James II. for 
ecclesiastical affairs ; and in 1688, was committed to the tower 
with six other bishops, for presenting a petition to the king, 
against reading his majesty's declaration of indulgence. The 
court pronouncing this petition libellous, on the 29th of June 
the prelates were tried for a misdemeanor, but, to the general 
satisfaction of the nation, were acquitted. He engaged his good 
offices for the dissenting Protestants, foreseeing the revolution 
that was approaching. On the 3d of October, accompanied 
with eight bishops, he attended the king, who had demanded 
their counsel, and then, with a freedom virtue only inspires, urged 
the most serious and important advice to his sovereign, touching 



THB CATHEDRAL. 265 



the unhappy situation of the state. A few days after, though 
very earnestly pressed by his majesty, he refused to bign a de- 
claration of abhorrence of the Prince of Orange's designs; and 
on the 1 7th of November, he joined in another petition, for a 
free parliament. On the king's abdication, he signed, and con- 
curred with the lords spiritual and temporal, assembled at 
Guildhall, in a declaration to the Prince of Orange for a free 
parliament, security of our law?, liberties, and properties, and of 
the church of England in particular, with a due indulgence to 
Protestant dissenters : But when that prince and his consort were 
declared king and queen, he refused to take the oaths to their 
majesties, was suspended the 1st of August, 1689, and deprived 
the 1st of February following. The above fact counteracts all 
the principles he appeared to have adopted, and leaves his cha- 
racter under suspicion, or marked with duplicity, insincerity, 
and want of truth. The editor* of the Collectanea Curiosa, 
embarrassed at this point, says, "As for the archbishop's cha- 
" racter, let it be learned from his actions ; for if we go for it to 
" the writers of opposite parties, it will appear, in different hands, 
" as different as possible. He certainly gave the strongest in- 
" stance possible of sincerity, in sacrificing the highest dignities, 
" and other the greatest advantages, to what he thought truth 
" and honesty." He continued at Lambeth till June, 1691, and 
then retired to his native place, where he spent the remainder of 
his life in strict retirement, and died on the 24th of November, 
1693, aet. 77. The before mentioned editor says, " His grace 
' left behind him a vast multitude of papers and collections in 
" MS. and therein more perhaps wrote with his own hand, than 
" any man either of this or the last age ever did write.-)- Upon 
" his decease they came into his nephew's hands, and after his 
" nephew's death, they were purchased by the late bishop Tan- 
" ner, who gave them, with the rest of his valuable MSS. to the 
Bodleian library, Oxford 4" 

* Mr Gutch. 

f Mr Wharton's Preface to archbishop Laud's Hist, of his troubles and Trial, p. 
penuit. 

J Kennet's Reg. 64?. 

Complaint was made in bishop Cosin's prim, visit, that little or nothing had been 
done to the repair of the prebendal house by the last possessor. He was naade pre- 
bendary of Oxgate, and residentiary. Grey's Notes, MSS. His character. 

Godwin de Praesul, &c. Kennet's Reg- 641. Vide bishop Burnet's Defence of 
Tillotson's Funeral Serm. Also in the Life of archbishop, Tillotson, by Dr Birch, 
p. 143, &c. Gen. Diet. Supplem. to Collier's Diet. 

He had made several notes and collections touching the history and antiq. of the 

county of Durham, which I have applied in the various branches of this work. 

W. H. 



264 THZ CATHEDRAL. 



THOMAS HOLDSWORTH, A. M. was installed the 1st of June, 
1675, on the presentation of king Charles II. in these words, 
Ad nostram donacionem spectant. virtufe prerogative regies, ra- 
cione temporalium ejusd. episcopates in manibus nostris existent. 
He was rector, or dean as he is stiled, of Middleham, in the 
county of York : The time of his death is uncertain ;* Willis 
says 1680. 

HENRY BAGSHAW, D.D. was installed the 20th of July, 1680. 
He was born at Broughton, in Northamptonshire; received his 
first rudiments at Westminster school, from whence he was elect- 
ed student of Christ-Church in 1651 ; He was chaplain to Sir 
Richard Fanshaw, ambassador in Spain and Portugal ; after his 
return was made chaplain to archbishop Stern, who gave him 
the prebend of Southwell, and rectory of Castleton, in Synde- 
rick: In 1667, he held the prebend of Barneby, in York cathe- 
dral ; and in 1668, that of Friday Thorp. He took a bachelor 
of divinity's degree on the 7th of July 1668; and on the 28th of 
November, 1671, that of doctor in divinity: In 1672, was made 
chaplain to the lord-treasurer Danby, and rector of St Botolph's 
church, near Bishopsgate, London, which was exchanged for 
Houghton-le-Spring, where he departed this life on the 30th of 
December, 1709, set. 77, and was interred in the chancel of the 
church there.f 

In the church-yard of Fressingjield, in Suffolk, against the south wall of the church 
an the right side of the tomb. 

P. M. S. 
Lector, Wilhelmi nuper archi-praesulis 

(Qui natus in ricinia) 
Quod morti cecidit, prope hunc murum jacet ; 

Atqyi resurget. Tu interim 

Semper paratus esio, mam qua non putas 

Venturus hora Dominus est. 



On the left side. 

P. M. S. 

William Sancroft, born in this parish, afterwards, by the providence of God, arch- 
bishop of Canterbury, at last deprived of all, which he could not keep with a good 
conscience, returned hither to end his life, and professeth here, at the foot of his 
tomb, that as naked he came forth, so naked he must return : The Lord gave, and 
the Lord hath taken away, (as the Lord pleases so come things to pass) blessed be 
the name of the Lord. 

Over his head. 

St Math. xxiv. v. 27, &c. &c. 

* The king's presentation is dated the 25d of October, 1674. It appears by the 
register, he paid the pension for Thickley, part of his corps, to Mich. 1681, and l)r 
Bagshaw to Mich. 1682, so that he died after 1 680, and before July 1681. Grey's 
Notes, MSS. 

f For his epitaph, see the church of Hough ton in the sequel. Ath. Oxon. 1041, 
1657. 2 Ath. Oxon. 491. 



THE CATHEDRAL. 265 



WILLIAM HARTWEL, D. D. was installed the 7th of February, 
1709, and removed to the tenth prebend:* In 1681, he was 
instituted to the rectory of Whickh'am ; and in 1685, to that of 
Stanhope, where he made great improvements in his parsonage 
house and gardens. He departed this life on the 1st of June, 
1725, and was buried at the north end of the middle transept in 
this cathedral.f 

VOL. ii. 2 L 

He was youngest brother of Edw. Bagshaw, of the Middle Temple, Esq ; whose 
reading in the Middle Temple Hall, February, 1639, upon Statulum de Clero, was 

prohibited proceeding at the instance of archbishop Laud. Grey's MSS.-? He is 

represented as a very turbulent clergyman. Kennel's Reg. 605 ; and had been 
second master of Westminster, under Dr. Busby, 784. V. Baxter's Life, vol. i. 378. 

* See page 270. 

f He had been secretary to Lord Crew, when bishop of Oxford. He was 
fifteen years a prebendary, and forty years rector of Stanhope. He had written his 
own epitaph, hut it was not thought proper to be put on his monument. Grey's 
Notes, MSS. 

Dr Hartwell's will bears date the 9th of March, 1724 with a codicil thereto of the 
same date. 

" Whereby," Article 4th. " Item. I leave 201. p' ann. to be divided into two ex- 
hibitions of 101. each, towards the maintenance of two scholars to be sent to either of 
the universities, out of the schools of .Durham and Newcastle ; these exhibitions to 
continue for four years, with a year of grace to take a degree, if the trustees think fit. 

" Art. 5. Item. I give for the relief of two ministers poor widows, in the commu- 
nion of the established church, and whose husbands had either benefice or curacy in 
the diocese of Durham, 51. each, to be paid half-yearly during their widowhood, and 

so long only as they shall continue objects of charity, and no longer. Upon death 

or other vacancy, this number to be kept up for ever. 

" Art. 6. Item. I give to the gaol of Durham, for the use and benefit of insolveni 
debtors there, 201. p' ann. to be disposed of under the same restrictions and limitations 
with the charities of like kind left by bishop Wood ; and that in the application of 
it, respect be first had to the parishioners of Stanhope. 

" These charities from Art. 3, inclusive, are to be paid out of the rents of Fishburn 
estate ; and having a presumption that I shall not be denied in a cause of charity, I 
do appoint the Dean and Chapter of Durham, or any three of them, my trustees 
herein, with the assistance, if need be, of the mayor and aldermen of Durham, or any 
part of them, to receive the rent of the said estate at Fishburn, and to see it applied 
according to the directions before expressed. 

" Art. 12, Item. I leave to Dr Thomas Eden, one of my executors, 501. to whom 
I leave the crimson network purse, with the silver medals in it. 

" CODICIL i Art 4 ' I desire ra y funeral mav e as private as possible; and, 
> } therefore, I appoint ten o'clock at night for the ceremony, only a 

velvet pall, without escutcheons, no more than six bearers, with rings, scarfs, and 
gloves. Dr Eden one of the six. I can go no further at present, considering the 
impotence I am reduced to by prosperous villainy. 

" Art 5. I humbly move my executors after my interment, to cover my grave with 
a blue or black stone, and to fix a modest monument of white marble against the wall 
of the cross aile of the cathedral to the north, opposite to the clock, the cost not to 
exceed 501 if less, the better ; the inscription t<* be an oval or square, &c. 

" Lastly. I beg there may be no alteration in the stile, words, or sentiments of the 
epitaph, which is inclosed hi my will, and which 1 expect my executors will perform 
for me, and have it cut in the oval or square erected for me. Upon my grave-stone 
is only to be written, Hie jacet Gulielmus Hartwel, S. T. P. 



266 THE CATHEDRAL. 



THOMAS EDEN, LL. D. was installed the 24th of July, 1711, 
and was removed to the seventh stall.* 

WILLIAM LUPTON, D. D. was installed the 20th of September, 
1715. He was fellow of Lincoln College, Oxford, lecturer of 
St Dunstan's, in Fleet-street, London, morning preacher in 
Lincoln's Inn, and afternoon lecturer in the Temple : Was vicar 
of Richmond, in Yorkshire, for one year, and resigned in the 
spring, 1706. In a sermon preached on Prov. iiL 16. he com- 
plimented bishop Crew very highly on the fiftieth anniversary of 
his consecration. He preached lady Moyer's lectures, but an 
indifferent performance ; at his death, he desired none of his 
discourses might be published, acknowledging he was not that 
great man the world thought him.f On the 1st of July, 1700, 
he took a master of arts degree ; that of bachelor of divinity the 
14th of February, 1708 ; and doctor in divinity the 13th of Fe- 
bruary, 1711. He died at Tunbridge Wells the Uth of De- 
cember, 1726. 

JOHN JOHNSON, LL. D. was installed on the 18th of January, 
1726. He was curate to Mr Bruce, vicar of Middleton-Tyas, 
in Yorkshire, in the year 1700. He had no university education, 
but on the 13th of January, 1731, and was admitted in Brazen- 

" Art. 7. I leave to Mr Hen. Pereth, my family pictures, viz. Sir John Marlay, 
liis son Mr Marlay, and his grandson Hen. Marlay, &c. 

Art. 11. I leave to Sir John Eden, my fine Lucretia cut in stone, by the son ef 
Bernini, the famous statuary at Rome," &c. &c. 

Proved at Durham, the 26th of August, 1725. 



Sub marmore infra posito recumbit 

Venerabilis vir Gulielmus Hartwell, S. T. P. 

Et hujus ecc'ae canonicus ; 

Qui spe in Xto stabilita, 

Coluit justitiam, pacem, charitatem, ficlcm, 

Mansuetudinem, misericordiam, benevolentiam, 

Et sine fuco, cor mundum, 

Quos animi affectus promisit Deus opt. max. 

Vita aeterna insignire, & gaudio nunquam 

Interituro afficere. 
O rnunus divinum ! omni laude majus, 

Omni cogitatione sublimius. 

Benedictus benedicatur, qui tantia mercede 

Affectiones nostras inanes, et nil ei profuturas, 

Decorare dignatus est. 
Obiit 1. Junij, Anno salutisn'ra? 1725". 

JEtatis sue 70 
On a small square blue stone on the floor* 

Hie jacet 
GULIELMUS HARTWELL, 

S. T. P. 
* See page 255. 
f Birch's Life of Tillotson, 218. 



THE CATEHDRAL. 267 



Nose College, to a degree of bachelor of civil law, by diploma ; 
and on the 16th of June, 1726, to that of doctor in civil law. 
He professed a knowledge of surgery, and attempted many des- 
perate cases, in one of which succeeding with lady Clayton, one 
of the maids of honour, by her interest at court, was appointed 
domestic chaplain to the lady Caroline, then princess of Wales ; 
and by king Geo. II. was presented to the vicarage of Manfield, 
in the county of York : he afterwards had Hurworth rectory, by 
presentation of Charles Pinkney, Esq; 1714; and died in pos- 
session of that living, the 14th of October, 1761, set. 84-, where 
he lies interred.* 

CHARLES MORGAN, A. M. was installed by proxy, the 25th 
of February, 1762. Was student of Christ-Church, where he 
took a degree of master of arts on the 24-th of March, 1757 : 
Was chaplain to bishop Trevor, and resigned this prebend for 
the rectory of Haughton, near Darlington, into which he was 
inducted the 9th of June, 1764: He died at Scarborough, on 
the 26th of the same month, aet. 32, and was interred in the 
porch of his church at Haughton.f 

CHARLES WESTON, A. M. was installed the llth of August, 
1 764, and removed to the sixth stall.f 

JOHN SHARP, D. D. eldest son of Thomas Sharp, prebendary 
of the tenth stall, vicar of Hartburn, and archdeacon of North- 
umberland, was installed on the llth of August, 1768. 

RET. THOMAS BURGESS, was installed 10th September, 1791, 
on the removal of Dr. Sharp to the eleventh stall. 

REV. R. G. BOUYER, was installed 13th July, 1792, on the 
removal of Mr Burgess to the sixth stall. 

REV. G. BARRINGTON, was installed 23d September, 1796, on 
the removal of Mr Bouyer to the fifth stall. 

REV. D. DURELL, was installed 18th December, 1801, on the 
removal of Mr Barrington to the eleventh stall. 

REV. H. PHILLPOTTS, was installed 24th July, 1 809, on the 
removal of Mr Durell to the eighth stall. 

REV. W. N. DARNELL, was installed 13th January, 1816, on 
the removal of Mr Phillpotts to the second stall. 

REV. JOHN BIRD SUMNER, was installed 4th November, 1820, 
on the removal of Mr Darnell to the sixth stall. 

2 L 2 

* For his epitaph, see the church of Hurworth in the sequel, Dr Johnson pur- 
chased an alternate turn in this rectory. 

f For his epitaph, see Haughton church in the sequel. 
I See page 251. 



268 THE CATHEDRAL. 



PREBENDARIES OF THE TENTH STALL> 

ROBERT BLAKISTON, on the foundation, the 1 2th of May, 
154<1. He died in the year 1550. 

JOHN RUD, B. D. chaplain in ordinary to king Edward VI. 
and was presented by him on the 20th of June, 1550, ex avisa- 
mento fy consensu privati consilii sui, and was installed on the 
22d of July following: He was also installed a prebendary of 
Winchester, in 1551, but on the accession of queen Mary, was 
deprived in 1553.f 

GEORGE BULLOCK, D. D. was presented by queen Mary, and 
installed on the 9th of May. 1554. On the 12th of May, in the 
same year, he was admitted master of St John's Coljege, Cam- 
bridge. On the presentation of Philip and Mary, was instituted 
vicar of St Sepulchre, London, the llth of February in that 
year, but resigned that church before the 2d of October, 1556 : 
In the year 1559, he was deprived, fled beyond sea, and Jived at 
Antwerp, in the monastery of St Michael, where we presume he 
died in 1580.$ 

JOHN RUD, restored in 1559. He died in the|year 157& 9 
and was buried in this cathedral. 

HUGH BROUGHTON, A. M. was collated the 13th, and in- 
stalled the 14th- of November, 1578. He was a fellow of Christ 
College, Cambridge, and learned in the Eastern languages, but 
was esteemed arrogantly opinionative : Was collated to -Wash- 

' . 

* Lands, c. assigned to the tenth stall. , . 

Stat. Firma capitalis terrarura & tenement, de South Piitington^ cum domo.ina- 
nerij ejusdera & Horto & Clausura vocat. Poudgarth alia- Clausura 
vocat. Puller closa. 
Lib. Recept. solruntur capitulo quotannis 

Pro tenement de South Pittington - - - - 8' 13 4 
Pro Manerjo ibidem - - - - - '-'OIK 

Pro bladis ^gidij o. 2 . O 

Pro puller close - - - - - - - 3 0' 8 

Act capit. Decimft assignat. 

Decirria? Garbar. de Hutam 8$ Ilularp infra parochiam de 

Hesledon - . 3 Q 

Decimse de Nether Heworth, in paroch. Jarrow - 1100 

Decima? Garbar. de Suddick, infra paroch. Monkwefemouth ' g 8 



f He was the only person presented by king Ed\r. VI. or in his reign. 

} Rytner, vol. xv. p. 550. Fuller, p. 130. Stryp. Ann. vol. i. p. 244, 78. 
Stryp. Eliz. 244. Pit's de Scriptoribus, p. 773. : 

Isabel, his wife, by will, dated the i'Sth of 'Octpber, 1582, orders her body to be 
buried in the cathedral, so neyre to her husfarnd, late prebendarye, as may be. He 
was dispensed with for two years absence to go abroad. Skynner's Reg. 134. 



THE CATHEDRAL. 269 

ington rectory the 6th of May, 1580, and resigned his prebend 
that year. He died the 4th of August, 1612.* 

RALPH TUNSTALL, A. M. was installed the 9th of November, 
1580. He was domestic chaplain to archbishop Grindal, pre- 
bendary of Knaresbrough, in York cathedral, the 15th of March, 
1571 ; master of St Mary Magdalen's hospital, at Ripon, the 
2ith of September, 1572; and collated to the archdeaconry of 
Northumberland, the 29th. of October, 1581. He departed, this 
life in March, 1618.f 

AUGUSTIN LINDSELL, D. D. was installed the th of April, 
1619, and removed to the second stall.J 

DANIEL BIRKHEAD, D. D. was removed from the sixth pre- 
bend,} and installed the 5th of August, 1620. He died in 1624. 

JOHN COSIN, IX D. was collated the ^th of December, 1624, 
and consecrated bishop of Durham, 1660.|| 

DANIEL BJIEVINT, A. M. was presented by king Charles II. 
sedc vacant e, and installed the 15th of March, 1660: Was born 
in the island of Jersey, and educated at Jesus College, Oxford, 
where he was incorporated master of arts, and was the first fellow 
of the French fellowship, founded by king Charles I. Was made 
master of arts at Saumur, in France, where lie was a voluntary 
exile, minister of a church in Normandy and chaplain to the 
Prince of .Turin.; In. 1661, he was created doctor in divinity' at 
Oxford; was instituted to Brancepeth, the 10th of September, 
1662 ; and was dean of Lincoln, where -heated the 5th of^lay, 
1,695, au,d was, interred in ;the ; copied ral there. If 

FiTZIIEllBERT ADAJ^S, D. D. Was 

1695, being removed from the sixth 
ved from 1,1ns stall tp the, eleventh. 

I' See'alist of his works in the Bodleian catalogue* Strype's Aylmer, 12, p, 248. 
. WhitgifVl, 2, c. i., L 4. c. ^4, 19, 21, 23, 25, 33. ^Clarke's Lives, p. i. 
'f Ath. Oxon., ; voL i. p. 487. 

He was diosieii along with the chancellor of York, John Pilkington, and Henry 
Ewbanke, of the twelfth stall, as proxies for the dean and chapter, to appear- at York, 
the 41th qf October, 15 8G. His name often occurs in the chapter books, as at 
bishop Matthew's visitation, 16J7.: Bishop Jairesj ,161 Or and 1615: But at the 
visitation of bishop 'Neile, the 2 1st of .June, 161^, l,indsdl; his successor, occurs in 
this stall, so that probably he died in March, 1618. } Grey's Notes, MS& 

t See page .226. 

' ' Vide, his" annals 'in the first volume of this work, page 658. 

Heylin's Life of Laud, p. 556. Ath. Oxon. vol. ii. p. 927. Kennel's Reg. 





- iiere lyetn me body ot .iJatuel Brevmt.,D. [\ late dean of this Cathedral 'cburch of 
of Lincoln, who departed this life May 5, 1695. 1 have waited for thy salvation, 6 Lord." 

** Spe nao-R Q4fi. 



See page 248. 



270 THE CATHEDRAL. 

WILLIAM HARTWELL, D. D. was installed the 14th of June, 
1711, being removed from the ninth stall.* He died the 1st of 
June, 1725. 

GEORGE SAYER, A. M. was installed the 30th of June, 1 725. 
He was the son of George Sayer, of Doctor's Commons, and 
brother of Dr Exton Sayer, 'spiritual chancellor of Durham :f 
This family sprung from Croft in Yorkshire. Mr George Sayer, 
the prebendary, was of Oriel College, where he took a master of 
arts degree, the 14th of December, 1719; and that of doctor in 
divinity, the 5th of May, 1735. He was chaplain to bishop 
Talbot, and married a daughter of archbishop Potter: Was 
collated to the vicarage of Wilham, in Essex, by bishop Robin- 
son, in 1722, which he resigned in 1732: In 1730, was collated 
to the archdeaconry of Northumberland, with Easington, on 
which he agreed to resign this stall, but bishop Talbot's death 
intervening, it was not surrendered till the 26th of September, 
1732, to bishop Chandler, he having applied to the crown for 
confirmation of the above preferments : He died at Brussels in 
1761, having retired thither on account of his embarrassed cir- 
cumstances. 

THOMAS SHARP, D. D. was installed the 1st of December, 
1732. He was a younger son of archbishop Sharp ; was admitted 
of Trinity College, about the year 1708, set. 15 ; where he ob- 
tained the degree of doctor in divinity, in 1 729, and was fellow : 
He was chaplain to archbishop Dawes; and on the 19th of July, 
1720, was collated to the rectory of Rothbury, in the county of 
Northumberland : He held the prebend of Southwell, and af- 
terwards that of Wrstow, in York cathedral: In 1722, was 
collated to the archdeaconry of Northumberland ; and in 1755, 
succeeded Dr Mangey, in the officially of the dean and chapter : 
He departed this life on the 16th of March, 1758, and was in- 
terred in this cathedral, in the place called the Galilee.* 

SIR HENRY VANE, Bart. LL. D. was installed the 5th of 
April, 1758. He was the third son of George Vane, Esq.; ot 
Long-Newton ; educated at Durham school, from whence he 
was entered of Trinity College, and there had a fellowship : Was 
chaplain to bishop Trevor, and on the 21st of April, 1754, was 
inducted to Stain ton, in this county; on the 7.th of July, 1761, 

* See page 265. 

f Grievous charges are brought by Mr Spearman, in his Enquiry, against both 
these persons, for their violent exertions of the bishop's rights. 

\ Installed by proxy, the 1st of October, but not in full chapter; installed per- 
sonally the 1st of December following. He made a speech the 6th of July, 1755, 
to Richard lord bishop of Durham, on his first visiting his diocese. He married Sir 
George Wheeler's daughter : She died the 2d of July, 1757. 



THE CATHEDRAL. 271 



was admitted to the degree of doctor of laws : He exchanged 
Stainton for Long-Newton. In 1782, was created a baronet. 

REV. F. HAGGITT, D. D. was installed 19th July, 1794, on 
the death of Dr. Vane. 



PREBENDARIES OF THE ELEVENTH STALL.* 

ROBERT BENNET, a monk, and bursar of this convent at the 
dissolution, appointed by the foundation, the 12th of May, 154-1. 
He was instituted to the vicarage of Gainford on the 18th of 
December, 1558, and departed this life in August, 1558. 

ANTHONY SALVIN, B. D. was installed the 12th of October, 

1558, being removed from the twelfth stall, in which year he was 
made vicar general on Dr Hyndmers' death : He was a younger 
son of Gerrard Salvyn, of Croxdale, in this county ; was collated 
to a prebend in Norton church, the 10th of May, 1544; muster 
of Sherburn hospital, in 1552 ; and held the rectories of Winston 
and Ryton, which he resigned on being collated to Sedgefield, 
on the 20th of December, in the year 1558 ; but was soon after 
deprived of all his ecclesiastical preferments, and sentenced not 
to depart five miles northward of Kirby-moor-side, in the county 
of York, or to go to the city of York : He is noted as a person 
well esteemed in the country, but a man of mean erudition.f 

JOHN HENSHAW, or HENNESHEY, clerk, was presented by 
*queen Elizabeth, sede vacante, and installed the 29th of November, 

1559. He died the next year.J 

* Lands, <c. assigned to the eleventh stall. 

Statutis. Firma Manerij de Howghall 16 O O 

Act. capituli Decimae Garbarum de Morton, infra paroch. de Dalum 568 

Deciuia; Garbarum de Bedlington, in Northumb. - 9 O 

Lib. Recept. solvuntur capitulo quotannis ab undecimo canon, pro 7 9 ft 

decimis Garbar. & Foeni de Houghall $ 

Et pro decimis privatis omnibus preter decimas scrvientium 1 O O 

f Deprived by royal visitation, 1559. Reg. Home. He is called Sabryn. 
Strype's Eliz. p. 242. Strype's Ann. vol. i. 242, 276. Brown Willis, 273. 
One of his name was chosen master of University College, Oxford, 1557, Le Neve, 
480. Rector of Winston, the 23d of September, 1545. Master of Sherburn hos- 
pital, the 13th of August, 1552. Rector of Ryton, the 28th of April, 1558. He 
was sent up as proxy for the chapter, to appeal before cardinal Pole and the queen's 
commissioners, the 30th of October, 1556, when the corrective statutes of the cathe- 
dral were made. 

| Per visit. D'nse Eliz. reginae. Reg. Home, p. 119. Instituted by Dr Edwin 
Sandys, and Dr Henry Harvery, bishop Tunstall being dead. His proxy for in- 
stallment, dated the 2d of May, 1559, under the seal of William Rokeby, archdea- 
con of the East Riding of Yorkshire. 



272 TrfE CATHEDRAL. 



ADAM HOLYDAY was installed the 3d of January, 1560. He 
was presented by (jueen Elizabeth, sede vacate, and admitted b/ 
Dr Watson and* Dr John Crawforth, who were guardians of the 
spiritualties of this See, by a commission from the chapter of 
York, that See being then vacant by the deprivation of the 
archbishop, and the dean being abroad in foreign parts. The 
same year the queen presented him to the rectory of Bishop- 
Weremouth ; and in 1561* he was appointed by the chapter to 
collect the queen's tenths.* His successor was 

CLEMENT COLEMORE, LL. D. who was installed the 9th of 
May, 1590. He was ordained a deacon by bishop Barnes, the 
22d of December, 1583; and received priest's orders the 20th 
of December, 1584, then being spiritual chancellor and vicar 
general of this diocese :f He was fellow of Brazen-Nose College, 
and proctor in 1578 ; and on the 5th of July, 1582, was admitted 
to the degree of doctor of civil law : Was instituted to Brance- 
peth on the 15th of April, 1584; was made prebendary ofGaia 
Major, in Litchfiekl church, the 13th of February, 1586; and 
departed this life on the 18th of June, 1619. act. 69, and was 
interred in this cathedral.^ 

FERDINANDO MOORCROFT, A. M. was collated the 14th of 
July, 1619, being removed from the sixth stall. He died about 
the year 1641. 

RALPH BROWNRIGG, D. D. succeeded about 1641. He was 
chaplain to bishop Morton* who gave him the archdeaconry of 
Coventry, in 1631 ; was prebendary of Ely, in the fifth stall, 
1621 ; rector of Baily, and master of the Temple; and elected 
to the bishopric of Exeter, the 31st of March, 1642. He de- 

* It is remarkable, that Holyday, as well as Adam Shepherd of the eighth stall, 
and Stevenson of the ninth stall, were admitted by commission from the chapter of 
York*, thifi must have been owing to the difficulties of those times. The queen had 
deprived the archbishop, and Tunstall was dead, and the chapter here obnoxious to 
the queen, and probably fearful of doing any thing that might create dispute with 
the chapter of York, it was complied with as a compromise on both sides. 
f The 7th of February, 1582, I meet with him as spiritual chancellor. 
f He was made spiritual chancellor by bishop Barnes, 1579, and continued so 
forty-years. His wife died in child-bed, 1592, and dean Matthew preached her 
funeral seriflon on Gen. xxxv. 16 and 21, as appears by his diary. 

EPITAPH. 

Pie memoriae clarissimi viri dementis Colemore, legum doctoris, 

JEn'ea nasensis olimcollegij socij, & almas academiaj Oxoniensis pro- 

curatoris, dein legum doctoris & ephcopatus Dtinelmensiscancellarijper 37 annos, e- 

tiam invidia favente, integerimi ejusdem eccl. prebendarij ddctis- 
simi, hoc monumentum moestissimi filij posuerunt. Obiit A. D. 1619, 

JEt&tis suoe 69, Junij 18. suorum, patrla-, pauperum, omriiumque 
Quibus tarn rara probitas, pietasque non potuit, non innotescere, longus dolor. . 

Scio quod redemptor meus vivit. Dom. Jesu veni cito. 
See page 245. 



THE CATHEDRAL. 273 



parted this life on the 7th day of December, 1659, and was 
buried in the Temple church.* 

THOMAS WOOD, D. D. was presented by king Charles II. 
sede vacante, the 7th of July, and installed the 10th of December, 
1660. He was born at Hackney, and received his first rudiments 
at Westminster school, from whence he was elected student of 
Christ-Church, Oxford, in 1627; and was admitted to the de- 
gree of doctor in divinity, in 1641 : Was made chaplain in 
ordinary to king Charles I. when he was twenty-eight years of 
age, and collated to the rectory of Whickham on the 2d of July, 
1635. He travelled to Rome during the Rebellion, and soon 
after the Restoration was made chaplain to king Charles II. In 
1663, was appointed to the deanry of Litchfield; and in 1671, 
was consecrated bishop of that diocese, and held this prebend in 
commendam : He died at Astrop Wells, in Northamptonshire, 
on the 18th of April, 1692, and was interred at Ufford in Suf- 
folk.f 

2 M 

* He paid to the library Gl. 13s. 4d. His life was written by bishop Gauden. 
Ath. Oxon. vol, i. f. p. 245. Newcourt's Rep. vol. I. p. 547. Lloyd's Memoirs, 
p. 404 Collier's Eccl. Hist. vol. ii. p. 772, &c. Fuller's Worthies, 780 Bax- 
ter's Life, 172, 174. Walker's Suff. Clergy, vol. ii. p. 25 Dr Gauden preached 

his funeral sermon, 2 Kings, ii. 12. Brown Willig says he was master of Catherine 
Hall, but Dr Ellison makes him master of Pembroke Hall. lie had BO enjoyment 
either of his prebend or bishopric. 

EPITAPH. 

Sumptibus & auspiciis honorab. societat. Templi. subtui posits? unt reliqui 
Radolphi Brounrici, S. T. D. cant, reverendiss. epic. 'exon. quern honorem optime 
meruit, & per annos xix tenuit, malo tamen seculi fato (belli*, schismatibus, sacri- 
legiis & regicidibus ferocien.) numquam excrcuit. Tandem anno actatis Ixvii. pro- 
vinciam terrestrem nondum visam deserens, ad caelestem migravit eera Christi 
MDCLIX. illucescente Car. II. faslicissimo reditu. 

L. M. P. J. G. Episc. Exon. electus. 

f Ath. Oxon. vol. ii. 1 1 76. His petition to the House of Lords at the Restora- 
tion, Rennet's Reg. 161, 183. Archbishop Bancroft suspended him for not repair- 
ing to his diocese. 

Bishop Wood, by his will dated the llth of November, 1690, devised certain 
lands in the county of Huntingdon, to trustees upon trust, that they, &c. should, from 
time to time, dispose of the rents of the said lands to all the senior masters, students 
for the time being for ever, thereafter, of and in Christ-Church College, in Oxford, 
equally to be divided amongst them, share and share alike for their respective main- 
tenances, during all such time as they should continue students in the said college, 
and profess the Protestant religion "of the church of England, &c. He also be- 
queathed to the same trustees 30001. to be paid out of the arrears of his High 
Suffolk estate, or other his personal estate, upon trust, to lay out the same in the pur- 
chase of lands, &c. and after the purchasing thereof, to pay the rents of such lands 
to all the junior masters, students for the time being in Christ- Church College, 
Oxon. during all such time as they should profess the Protestant religion of the 
church of England, &c. and should continue in the college, &c. &c. For charities 
given by this will to the city of Durham, see this volume, page 77 j and to Chester 
and Whickham, vide the sequel. 



274 TUB CATHEDRAL. 



JOHN MONTAGUE, D. D. was installed the 3d of June, 1692, 
being removed from the fourth stall.* 

THEOPHILUS PICKERING, D. D. was installed the 1st of Fe- 
bruary, 1699, being removed from the fourth stall.f He died 
the 20th of March, 1710. 

FITZHERBERT ADAMS, D. D, was installed on the 14th^of 
April, 1711, being removed from the tenth stall.J He died the 
12th of June, 1719. 

JOHN DOLBEN, D. D. was installed the 18th of July, 1719, 
being removed from the sixth stall. He died the 21st of No- 
vember, 1756. 

WADHAM KNATCHBULL, LL. D. was installed the 8th of 
January, 1757, being removed from the twelfth stall. He was 
the third son of Sir Edward Knatchbull, of Mershamhatch, in 
the county of Kent, Bart, a fellow of Trinity Hall, Cambridge, 
and took a degree of doctor of laws in July, 1741 ; was chaplain 
to bishop Chandler; and in 1738, inducted to the family living 
of Chilham, in Kent. He departed this life on the 27th of De- 
cember ? 1760, and was interred in the Galilee of this cathedral. || 

SAMUEL DICKENS, D, D. was installed the 19th of March, 
1761, f being removed from the twelfth stall : Was a student of 
Christ-Church, Oxford, and chaplain to bishop Trevor : On the 

He was compelled in Michaelmas term, 1685, by decree in Chancery, to pay to 
Charles Fitz-Roy, duke of Southampton, who married Mary, the sole daughter and 
heiress of his elder brother, Sir Henry Wood, 50,0001. as part pf his lady's fortune. 
Coilin's Peerage, vol. i. 

Seepage 218 and 228. 

f See page 228. 

} See page 248 and 269. 

See page 249. 

WAPHAMI KNATCHBULL, I. C. D. 
D'ni Edwardi Knat.ch,b,ull de Mershamhatck, in com. Cant. Baronetti, 

Filij natu tertij 

Ecclesiaj de Chilham in eodem com. vicarrj, 

Et canonicatus sin"- inhac ecclesia cancnici j 

Viri pij, probi, erga omnes benevoli j 

Excellent! ingenio, multiplici dcctrin4, 

Mpribus candidissimis et integerrimis pracditi ; 

Corpore ihfirmo, animo aequo et imperturbato, 
Per omnem fere vitap cursum curn adverse vaietudine conflictatus 
Ad peternam requiem migravit xxvijmo. die Decembris 
Anno D'ni MDCCLX, aetatis sua LIV. 

Uxorem duxit Harriottam 

Caroli Parry de Oakfield, in com. Berks, arm 5 filiam 

Quam cum tribus filiis, et filiahus duabus reliquit superstitem. 

Post hunc parietam in capella adjacente 

Conduntur reliquiae. * 

* Composed by Dr Lowth, preb. of Durham, bishop of Oxford, and late bishop of 

London. 



THE CATHEDRAL* 75 



9th of July, 1743, was admitted to a degree of master of arts, and 
bachelor in divinity, on the 25th of October, 1 752 ; and that of 
doctor in divinity, the 20th of June* 1753 : In the year 1752, he 
was proctor of the university j and in 1754-* was made the king's 
Greek professor : He was made official to the dean and chapter 
of Durham, in 1760; and on the 8th of January, 1762, was 
appointed archdeacon of Durham, with the rectory of Easingtoa 
annexed* 

DR. JOHN SHARP, from the ninth stall, was installed lOtb 
September, 1791, oh the death of Dr. Dickens* 

CHARLES WESTON, D. D. from the sixth stall*, was installed 
8fh June, 1792, on the death of Dr. Sharp. 

REV* G* BARRINGTON, from the ninth stall* was installed 17tb 
November, 1801, on the death of Dr, Weslofi, 

PREBENDARIES OF THE TWELFTH STALL.* 

WftiiAM WATSON, a monk of Durham, by the foundation^ 
the 12th of May, 1541. He died in the year *1556. 

ANTHONY SALVIN* B. D. was collated the 1 2th, and installed 
the 16th of October, 1556, and removed to the eleventh stall.f 

GEORGE CLIFFE, B* D. was collated by queen Mary, the 13th 
of September, 1558. Was instituted to the vicarage of Bil- 
lingham, the 29th of May, 1560* whereof he was deprived in 
1565: Was collated to the rectory of Elwick, the 17th Jtfnej 
1562; and instituted to Brancepeth rectory, the 29th of March, 
1571, which he resigned in 1584; and was again instituted to 
Billinghatn, the llth of January, 1684* He died in 1^954 

2 M 2 

* Lands, fyc. assigned to the twelfth stall* 
Statutis. Domus manerij de Bewly, cum firm* roansionis fir- 

marij ibidem cum" tefris Dominicalibus. &c. 
Capitulo antiq. sol vend. - - - - 

Act. capituli Decimse de Westoe, infra paroch. de Jarrow, p' ann. 
Decimae de "Wellington in eadem - - 

Decimae de Moncton, ib'm - - ~ - 
Decirnas de Sheelheugh, ib'ra - - - - 

Lib. receptoris. Solvit duodecimus canonicus capitulo quotannis per ? o 7 A 
le rent hens, viz. 6 galin. 6 capon. 6 ansef. 

f Seepage 271. 

\ Dr Roger Watson, and Dr Jo. Craw forth, during the vacancy of the Sees of 
York and Durham, were guardians of the spiritualities of Durham, by a commission 
granted to tlrem from the chapter of York. Dean Horn's Reg. p. 120, 122. 
Whittingham's Keg. p. 214. He was joined with Dr W. Todd, in the patent or 
commission of officially, by Dr Horn and the Chapter, the 10th of December, 1560. 
2 reg. f. f3"l. He was appointed by D. Skyriner arid the Chapter, to collect the 
tenths and subsidies exacted by, queen Elizabeth, the 24th of May, 1561. 




276 THE CATHEDRAL. 



HENRY EWBANKE, A. M. was installed the 8th of September, 
1596; and resigned the same, the 5th of October, 1620 : Was 
collated to Washington, the 24th of December, 1583; and to 
Winston in 1588; was instituted to St Mary's hospital in New- 
castle, the 15th of March, 1585, which he resigned in 1615 : He 
was prebendary of Gaia Minor, in Litchfield church, in 1581 ; 
and was removed to Weeford prebend, in the same church, 
1586 ; and resigned the latter, 1612 : Was collated to the rectory 
of Whickham, on the 5th of September, 1620; and departed 
this life in 1628.* 

WILLIAM JAMES, A. M. was installed the 6th of October, 
1620. He was nearly related to bishop James, and was public 
orator at Oxford, in 1601 ; was collated to Craike, on the 10th 
of July, 1614; ; to Washington, on the 12th of September, 1616 ; 
to Ryton, in May 1617; and to Merrington, in August, 1M29. 
He rebuilt his prebendal house ; was one of the proxies for the 
chapter, at the convocation at York, 1625 ; and one of the pre- 
bendaries who supported the canopy over the head of king 
Charles I. when at Durham. He died in the month of January, 
1659, and was interred in this cathedral.f 

GUY CARLETON, D. D. was presented by king Charles II. 
sede vacantc, and installed the 2d of November, 1660: Was 
born at Brampton Foot, in Gilsland, in the county of Cumberland, 
and was educated at Carlisle, from whence he was sent to Queen's 
College, Oxford; was fellow thereof, and proctor of the univer- 
sity, in 1635: He held the vicarage of Bucklersbury, in Berkshire: 
Was collated to Wolsingham, in November, 1660, and the same 
year had the deanry of Carlisle : In 1671, was consecrated bishop 
of Bristol; and, in 1678, was translated to the bishopric of 
Chichester, holding this prebend in commend am : He departed 
this life on the 6th of July, 1685, ast. 80, and was buried in his 
cathedral church.J 

* In the south aile of Durham cathedral, was an inscription for one Ewbanke 
who died rector of Ryton, about 1620. Willis's Cath. 

It is said he left 5001. per arm. at his death. He married his daughter to William 
James, in whose favour he resigned his stall. He had the next presentation to this 
prebend, granted him in 1589- Matthew's Reg. 236, 469. James's Reg. 89. 
On presentation to St Mary's hospital, 'he gave bond to the mayor and burgesses of 
Newcastle, in the penalty of 1001. with a condition that he should, at,hisown expence. 
maintain a school-master for freemen's children, without salary, save 6d. a quarter ; 
to preach yearly twelve sermons ; and to keep the hospital, chapel, and buildings in 
repair! For non-performance, a suit was instituted, and the penalty recovered. 
Grey's Notes, MSS. 

f Ath. Oxon. vol. i. p. 421. Hunt's Reg. 

t Ath. Oxon. vol. ii. 1168 Kennet's Reg. 503 Walker's Suff. Clergy, part 

5i. p. 214. 



THE CATHEDRAL. 277 



JOHN MORTON, D. D. was installed the 18th of July, 1685, 
being removed from the sixth stall.* He died in 1722. 

THOMAS RUNDLE, LL. B. was installed the 3d of December, 
1722, being removed from the first stall.f He died in 174-3. 

WADHAM CHANDLER, A. M. was installed the 21st of July, 
1735 : Was the youngest son of bishop Chandler; received his 
first rudiments at Eton School, from whence he was admitted in 
Clare Hall, Cambridge : Was appointed spiritual chancellor of 
thisdiocese, in September, 1731; collated to Bishop- Weremouth, 
in May, 1732 : Jn July, 1733, was inducted to Washington ; 
and made master of Sherburn hospital, in 1735, whereby he 
vacated his two rectories : He died at Aix, in France, the 2d of 
June, 1737, and his remains were brought over to be interred in 
the Galilee of this cathedral. 

WADHAM KNATCHBULL, LL. D. was installed the 17th of 
June, 1738, and removed to the eleventh stall. J 

SAMUEL DICKENS, D. D. was installed the 8th of January, 
1757, and removed to the eleventh stall. 

THOMAS BURTON, D. D. was installed the llth of May, 1761, 
being removed from the third stall. || He departed this life in 
1767. 

EDMUND LAW, D. D. was installed the 8th of August, 1767: 
Was of St John's College, Cambridge, but invited to Christ's, 
and chosen a fellow of that society : Was one of the Zodiack, as 
a set of learned and ingenious young men in the university were 
then called, and distinguished himself very early by writing on 
the Being and Attributes of God ; and especially in his notes on 
his translation of archbishop King's Origin of Evil ; wherein 
our ideas of space, time, and immensity, and the self-existence, 
necessary existence, and unity of God, are m.ore accurately en- 
quired into, and discussed with greater clearness and precision, 
than by any writer before or since, on such abstruse metaphysical 
subjects. He was also principally concerned in publishing an 
excellent edition of Stephen's Thesaurus. In 1739, he accepted 
the rectory of Graystoke, to which he was presented by the uni- 
versity. When Mr Howard, now duke of Norfolk, sold the 
advowson, he stipulated with the purchaser in favour of Mr Law, 
for a presentation from a Protestant patron. Mr Law accord- 
ingly resigned this rectory, and had. a new presentation from Dr 
Askew, the purchaser. '1 his allowed him to remove to Salkeld, 
the corps of the archdeaconry of Carlisle, a much more healthy 
situation, given him by bishop Fleming. While in. Cumberland, 
he published Considerations on the Theory of Religion, which has 

* Seepage 247, f See page 223. {Seepage 274. See page 274. || Seepage 234. 



278 THE CATHEDRAL. 



gone through* several edition; Litigiousness repugnant to the 
Laws of Christianity, an assize sermon, at Carlisle, and a charge 
on the Nature and Necessity of Catechising. In 174*7* he pro- 
ceeded to doctor in divinity : The divinity school was unusually 
crowded, and the rigidlj orthodox were so alarmed at his ques- 
tion, that it gave occasion to much altercation afterwards, in a 
variety of publications j but be himself, unwilling to give further 
offence, " thought it a part of Christian prudence not to be more 
" explicit on the subject, till men appear more willing to submit 
" their vain philosophy to the authority of God's- word, and are 1 
w disposed to examine things with greater attention and impar- 
" tiality; concluding in the words of honest bishop Taylor, that 
" be had been so pushed at by herds and flocks of people, that 
" follow any body that whistles to them, or drives them to pas- 
" ture, tbat he was grown afraid of any truth that seemed 
" chargeable with singularity." In 1755, he returned to Cam- 
bridge, having been chosen master of St Peter's College, when 
he resigned the archdeaconry, but kept the rectory. He served 
the office of vice-chancellor, in 1 756, and, having a numerous 
family, be afterwards accepted the office of principal librarian, 
and that of casuistical professor; and had also the archdeaconry 
of Stafford, and a stall in the church of Lincoln, given him on 
his promotion o the See of Carlisle, in 1769 ; he kept the head- 
ship of his college, and had the rectory of Greystoke in cowmen*- 
dam. He published only two or three sermons afterwards; but 
though advanced to a great age, such was his veneration for the 
great Mr Locke, and his love for freedom of enquiry, that he 
surprised the world with an excellent edition of the works of that 
great philosopher in four volumes, folio* 

JOHN Boss, D, D, was installed the 17th of March, 1769* 
He was born at Ross, in the county of Hereford, and was fellow 
of St John's College, Cambridge ; was preacher at the Rolls 
cbapel, and private tutor to Thomas viscount Weymouth, who 
presented him to the vicaTage of Frome Zalwood, in Somerset- 
shire : He was chaplain to the king, by whom he was presented 
to this- prebend, on the 28th of February, preceding his instal- 
lation. In 1777, was consecrated bishop of Exeter, when he 
resigned this stall, awd was succeeded by 

THOMAS DAMPIER, D, D. (son to the late dean of that name) 
who was installed the 26th of February, 1778; succeeded his 
father as master of Shcrburn hospital; was made deaii of Ro- 
chester: and afterwards bishop of Ehr. 

HtvWr& REV, ANCHITEL GREY, was installed 12th February^ 
1809, on the promotion of Dr. Dampier to the See of Ely. 



ARCHDEACONS. 279 



REV. JOHN SAVILLE OGLE was installed 18th November, 
1820, on the resignation of Mr Grey. 



ARCHDEACONS OF DURHAM.* 

LEOBWIN, or LEOFWYN, seems to have been the first archdea- 
con, by whose misconduct the murder of bishop Walcher was 
occasioned. Le Neve says, thence " the very name of archdeacon 
" grew so mighty odious to the people, that the succeeding 
" bishop thought proper at that time to sink the title, and vest 
" the power in the prior of Dunholme : but, after some time, the 
" memory thereof being pretty much worn away, the title and 
" office were resumed, and this seems to be about the year 1 1 88." 

ALDWIN, who dying the 12th of April, 1087, was succeeded by 

TURGOT, on whose being made bishop of St Andrew's, in 
Scotland, in the year llOS.f 

MICHAEL succeeded in bishop Ralph's time, and resumed the 
title and office, as a distinct person from the prior of Durham.^ 

ROBERT DE ST AGATHA occurs A 1129, and 1131.$ 

WAIIOW, or WAZO, succeeded in the year 114?7.|| As did 

RANNULPH, about 1150.1F And 

LAWRENCE, D, D. An. 1153. He and Laurence the prior 
went to Rome, to defend the election of Hugh Pudsey to this 
See. Obiit llth of April, 1176. After him occurs 

WILLIAM, in the year 1174?.** 

JOHN, subjoined by this title as witness to a deed of bishop 
Huh's about 



* The value of this dignity, with the rectory of Easington annexed, was rated for 
first fruits, A. D. 1534, at 10001. 

f Nieh. Hist. Libr. &c. He was preferred to this dignity by William de Cari- 
lepho, qui A. 1094 dccrevit, ut prior monastery Dunehn. totius dioceseos archidia- 
conus esset in p'petuum, et episcopi in spiritualibus vicarius & in temporalibus, &c. 

$ Ab eo tempore quo Turgotus, consecratus erat quando Algarus priorat. uccepit. 
hie postea fuit archiep. Cant. He is a witness to a deed of bishop Ralph's. Hist. 
Duuelm. Claudius D. 4. 

Tempus incertum sed videtur quod ex p'te Will'mi Comyn stetit annis 1140, 
1141, 1142, utnarrat. monachus anonymus scriptor. Hist* Dunelm. 

|| Contraversiam inter hunc & priorem Rogerum de tenenda episcopi deitra 
diremit Will, de S'ca Barbara, data charta, 1 Dec. 1147. Hist Dunelm. Claudius, 
D. 4. 

f Q,uere, Whether archdeacon of Durham or Northumberland; he was nephew 
to bishop Ranulph. - Ranulphum & Wasonem archidiaconos simul extitisse con- 
stat, 1153. Quare potius Catalago archd. North, adjudicandus est. 

** Cartular S. Albani, MSS. Cotton, Tiberius, f. 6. f. 116, 

ft Mon* Ang, torn. i. p. 513. 



280 THE CATHEDRAL. 



BURCHARD DE PUDSEY occurs about 1109, and died pos- 
sessed of this dignity, the 6th of December, 1196.* 

AIMERICK. DE TALBOYS, nephew to bishop Phillip de Poictiers, 
whom I find possessed in 1198 and 1214, next year after which 
he is said to be appointed high-sheriff of North umberland.f 

SYMEON occurs archdeacon of Durham, with Alanus, arch- 
deacon of Northumberland, witnesses to a grant of bishop 
Richard, the 6th of May, 1218. 

WILLIAM occurs in 1219. Willis says, " I take him to be the 
" same with William de Lanim, whom I meet with in 1226 and 
"1236; he died, as 1 find by a note, An. 124-9." Le Neve 
tells us it appears, he " Was archdeacon of Dunholme, in 1219, 
" by an ancient inscription in a window, in the hall of University 
" College, Oxford :" He adds, " I believe this was the same 
" with W. de Lanim, if so, I hear of him again 1234."| 

THOMAS DE ANESTY was possessed in 1250. Le Neve says, 
he was also archdeacon of Northumberland-^ 

RICHARD or ROBERT DE SANCTA AGATHA, archdeacon of 
Durham, was collector of the tenths in the diocese of Durham, 
the 7th of September, 1266 ;|| he occurs as witness to a charter 
in 1271, by the name of Robert.^ 

ANTHONY BECK held this dignity in 1275 and 1283, in which 
latter year he was consecrated bishop of Durham,** and was 
succeeded by 

WILLIAM DE LUDA, Anglice Lowth, who held it in 1284; 
and being made bishop of Ely, in 1290,ff was succeeded by 

S. DE FARLINGTON, who held it in 1296. 

* Burchard archd. is witness to * charter of bishop Hugh Pudsey. MSS. 
Eccl. Dun. 

Hugh Pudsey, made a second natural son of his archdeacon. He was also 

chancellor to the king of France. Goodw. Finchale was given him by the prior 
and convent of Durham, which he afterwards resigned. Lei. Col. vol. i. partii. p. 555. 

J- Annal. Dunelm. MSS. Cotton. The same person by this title had a prebend 
in the church of Litchfield, conferred on him by the king, 18th of February, 1215. 
Le Neve. Fuller's Worth. North. 

t Claus, 19. K. H. 5. m. 15. Wood's Ath. Oxon. part ii. p. 55, 56 

Fuller's Worth, p. 297. Univers. Col. Ox. caepit sub Aluredo rege restaurat, p' 
Gul. archd. Dunelm. circa An. 1249. Camb. Brit. vol. i. 508. AylifF's ancient and 
present State of Oxford, vol. i. p. 248. 

Newcourt's Rep. vol. i. p. 125. 

|| Angl. Sac. ( Richard) vol. i. p. 740. 

f In charta Dec. et capit. Dun. 1271. Hie in capella de Aukland coram ep'o 
Rob'to de Stichil recognovit priorem Dunel. fuisse archidiaconum in ecclesijs sibi 
appropriatis infra Aquas Tyne & Tees, & archdiac. predecessores suos nomina prioris 
& non proprio jurisdictionem in illis eccl. exercuisse & proptor hoc priori penc'onem 
annuam exoivisse, &c. 

** Rymer, vol. ii. p. 49, 257. See vol. i. p. 277. 

ft Collect. Fr. Clarke, f. 555, B. Decanus Sti. Martini London. & regis Ed- 
wardi Camerarius, Thesaurarius, et Clericus Garderobae. Ob. 25. Mar. 1298. 



ARCHDEACONS. 281 



WM DE'S. BOTULPHO occurs in 1300 and 1308.* 

THOMA^ DE GOLDESBURGH occurs in 1311 :f He died in 1333, 
whereupon the bishop conferred this dignity dn his nephew Au- 
nierick de Bellomontei but the king disapproving of this appoint- 
ment, nominated thereto 

ROBERT DE TAUN-TON j but whether he enjoyed the office 
seems uncertain, though the king repeated his patent by way of 
confirmation : Ha 'dying in 13354 the next who occurs is 

AUMERICK DE BtiLLOMONTE, in 1336 and 1338; His successor 
was 

Trio. DE : NEVILL. who ocedrs in July 1340 rind 1356. He 
died in the year 1362; Was prebendary of Bole, 1 in the church 
of York; a prebendary of Hoveden ; and also of Darlington, in 
this diocese, and rector of Thorp-Basset, in the county of York. 

WILLIAM DE WESTLEE next occurs, iri 1362 ; he was temp, 
chancellor.^ 

ALEXANDER DE NEVILL occurs the 12th of January, 1370. It 
seems doubtrul whether this was the same person who was pre- 
ferred to the See of York, in 1374, as Willis tells us; no such 
person is ndtrted by Le Neve. || 

GABEVAN is the next on the list, a Roman Cardinal, noted by 
Fox in his Martyrs, voL i. p. 563, who informs us he held the 
office in 1378: But this is an error of our author, for by the 
Parliament Rolls, 50 king Edward III. an. 1376, it appears, 
Communes in Parliamento inter alia regni gravamina qneruntur 
quod Jacobus de Ursinis cardinalis quidam liomanus, archidiaco- 
ndtum Dunelm. tdnmt. 

WILLIAM DE BASINSTOKE, otherwise called Mundy de Ba- 
singstoke, was collated the 13th of August, 1379.K 

AGAPITUS DE COLUMPNA CARDINALIS S. PRISC^E held it in 
1380, as we learn from Hym. Fcedera, vol vii. p. 276 : In which 
authority 

PILEUS Cardinalis S. Praxedis is mentioned the llth of July, 
1381.** He being presented by the k ing during a vacancy of the See. 

: VOL. II. 2 N 

I 

* Randal's Notes to Le Neve Is witness to a deed of confirm, made by the dean 
and chapter of Durham, the 14th of August, 1308. 

f fteg. Greenfield Ebor. 

J Can. Eccl'iaj Sti Pauli, London, Pat. 7. K. Ed. 3. p, 2 Pat. 8. K. 

Ed. 3. p. 1. Newcourt, vol. i. p. 220. 

Vid. Reg. Hatfield, f. 57. 

|| Dissentionem orta inter regem Richardum 2 au i et Barones, hie patriam reli- 
quit & secessit Brabantiam ubi obiit exul circa Majnm in Lavantia. ' Grey's Notes, 
MSS. 

^f 'riatfiel^'s 'Ueg. 160 and 167. A. is'79. vocat. archid. 

*^ Page 320. 



282 THE CATHEDRAL. 



THOMAS BE WESTON, prebendary of Grindal, in the church 
of York, and one of the prebendaries of Hoveden, held this office 
in 1393 ; and dying in the year 1408,* was succeeded by 

ALAN DE NEWARKE, who. resigned on the 15th of February* 
in the same year. 

JOHN HOVINGHAM, LL.D. was collated the 16th of February, 
1408 ; and occurs possessed of this office, the 4th, of May, 1416.f 

JOHN KEMPE succeeded the 13th of October, 1417 ; on whose 
promotion to the See of Rochester, an. 14194 

ROBERT GILBERT was promoted by the crown, and we find 
him possessed thereof in 1420. In the year 1436, he was con- 
secrated bishop of London, but who succeeded him here is un- 
certain: One Robert Rollinson is named, but no authority 
appears. 

WILLIAM LE SCROOPE was promoted to this dignity in 1437, 
and held it twenty-six years: He died the 5th of May, 1463, 
and was buried in York cathedral.^ 

RALPH Boom, prebendary of Norton, occurs in 1463 : It is 
probable that bishop Booth, who was consecrated in 1457) before 
his translation to York, collated Ralph to this dignity, as he did 
to the archdeaconry of York, in 1477: He held both to the time 
of his death, which happened in 1497 : Was temporal chancellor 
of Durham. 

THOMAS COLSTON, LL. B. next occurs; nephew to bishop 
Fox, who collated him the 20th of April, 1497.11 He resigned, 
and 

RoftER LEYBOURNE succeeded the 24th of January, 149P. 
He was temporal chancellor of Durham, master of Pembroke 
Hall, Cambridge, a prebendary of York, and occurs archdeacon 
of York, on the 10th of September, 1503 ; and in the succeeding 
year, was consecrated bishop of Carlisle. 

JOHN BOERNIUS, a Genoese clerk, was obtruded into this 
dignity by the pope : He resigned in 1515, but reserved to him- 
self a pension of 50. per ann. 

WILLIAM FRAN RLE YN, B. D. occurs in 1531. He was both 
temporal and spiritual chancellor to the bishops Ruthall, Wolsey, 

An. 1397. p' resign. T. de la Warr, canonicus factus est in ecclesia Ebor. & 
tenuit prebendam de Grindall. 

f Rymer, vol. ix. p. 80, 343. 

f Afterwards successively bishop of Chichester, London, York, and Canterbury 
and twice cardinal. Fuller's Worth. Kent. 

EPITAPH. 

Hie jacet Mr Will, le Scroop, archid. Dunelme ac residentiarius in Eccl. Coll. 
Sancti Jobannis Beverlace & Sand Wilfridi, Ripon, qui obiit xxij die Maij, 1463, 
eujus animae propitietur Deus, 

|J Reg. For, p* M. Booth. 



ARCHDEACONS. 283 



and Tunstall ; held the rectory of Houghton, in the fourteenth 
year of king Henry VIII. In the year 1538, was made dean of 
Windsor ; and about the same time rector of Chalfonte, in the 
county of Bucks : In 1545, being master of St Giles's hospital, 
at Keypier, he surrendered the same into the king's hands, as 
also great part of the revenue of Windsor deanry ; but being 
complained of for concealment, was obliged to surrender the 
entire deanry in 1553, keeping all his other preferments to the 
time of his death, which happened about the year 1555: The 
place of his interment is uncertain, but it is probable he was bu- 
ried obscurely at St Giles's, Chalfonte.* 

BERNARD GILPIN, B. D. succeeded in this archdeaconry, in 
1556, but quitted it in about four years; the particulars of his 
life will be inserted under the head of Houghton parish, in the 
sequel. 

JOHN EBDEN, B. D. and prebendary of Ely, was appointed 
by queen Elizabeth, during a vacancy of the See, on the 22 d of 
May, 1 560 : Was proctor of the university of Cambridge, and 
had rich benefices in the diocese of Ely and Winchester, in the 
latter of which he was archdeacon : Did not hold his office in 
this church long,f for we find 

2 N2 

Ath. Oxon. vol. i. p. 703. Fast 74. 

f Newcourt, vol. i. p. 175. Ath. Oxon. vol. i. Fast 74. Rymer, vol. xv. p. 564. 

In the chapel of Magdalen hospital, near Winchester, on a small plate of brass, 
fixed against the south wall of the chancel. 

Corpus Johannis Ebden, sacra; theologiae professoris pii, ecclesia? cathedralis Win- 
ton, prebendarij docti, hujus hospitij magistri reverendi, qui inter alia dona hi alios 
charitatis usus collata 2001. in augmentationem stipendiorum ibidem libere dedit 
hoc tegitur tumulo 

Obiit 16 Novembris, 1614, actatis suae 98. 
He that both God and good men fear'd and lov'd, 
Which by example cherisht or reprov'd, 
Heer lyes enter'd. He living was, dead is, 
A preacher whom the church lov'd, the people mys 
His life for length, learning for truth was greate, 
His doctrine pure, his deeds without deceite, 
And in his life time was, and att his enda 
To rich and poore a father and a friende. 
John Ebden, S. T. B. Proctor of the University, 1550. 
Archdeacon of Durham, 22d May, 1560. 

Coll. to the preb. of Mapesbury, in St. Paul's ch. 13 Nov. 1565. 
He exchanged his archd. with J. Pilkington. 
Installed preb. 7 stall, Winch. 7 Dec. 1563. 
Archd. of Winchester, 1571, resig. 1575. 
Preb. in the 4th stall, Ely 19th Dec. 1559. 
Contd preb. of S. Paul's till 1596. 

Randall's MSS. 



284 THE CATHEDRAL. 



JOHN PILKINGTON, B. D. brother and chaplain to bishop 
Pilkington, succeeded thp 5th of December, 1563. He was 
interred in this cathedral, without any monument, A 1603.* 

WILLIAM MORTON, B. D. was collated the Ipth of Npvember, 
1603 : Was rector of Long Newton, in 1588; and vicar of St 
Nicholas' church, in Newcastle, where he was jnterred, the 18th 
of July, 1620. 

GABRIEL CLARKE, D. D. was collated the 9th of September, 
1621. Died in 1662, and was buried in this cathedral.^ 

DENNIS GRANVILLE, D. D. succeeded, being collated the 16th 
of September, 1662 : Was deprived in 1691 4 and succeeded by 

ROBERT BOOTHE, B. D. the 15th of May, 1691 : Was dean 
of Bristol, where he died, and was interred the 18th of August, 
1730. 

GEORGE SAYER, A. M. succeeded on the 3d of November, 
1730. He died in 1761, and was succeeded by 

SAMUEL DICKENS, D. D. on the 8th of January, 1762.|| 

BENJAMIN PYE, LL. D. collated the 9th, and installed the 
10th of September, 1791 ; after the death of Dr Dickens : Died 
at Easington, the 26th of March, 1808. 

KICHARD PROSSER, D. D. was collated and installed the 16th 
of April, 1808. 



ARCHDEACONS OF NORTHUMBERLAND. 

This dignity, with Howick rectory annexed, was valued, in 
1534, at 361. 13s. 4d. 

RANULPH NEPOS E'PI RANULPHI, witness to the bishop's 
charter, sans date, occurs in 1131. 

ROBERT held this office in 1140, as did 

RALPH, in the year 1141 and 1153, andf 

WILLIAM, 1160. 

DURAND enjoyed it in 1174;** we have then a great vacancy, 
for the first nominee that occurs is 

RICHARD DE MARISCO, archdeacon of Richmond, and after- 
wards bishop of Durham, and lord chancellor, an. 4 Joh. regis, 

* Strype's Eliz. p. 257. Wood's Ath. Oxon. voL L f. 147. Stryp. Ann. vol. 
i.p. 248 vol. ii. 482, 525. Math. Reg. p. 133. 
f Vid. Prebendaries of the first stall, p. 222. 
i Vid. Deans, p. 216. 

Vide Prebendaries of the tenth stall, p. 268. 
|| See page 478. 
^ John Hagulstad. 

** He was witness to a deed of bishop Pudsey's, in 1 174, CartuL S. Albini. MS. 
Cotton, -- Tiberius, f. 6. f. 116. 



ARCHDEACONS. 285 



1212; occurs again in 1223. He administered the oath to king 
John, which the sovereign took to the pope.* 

ALAN DE LENN is the next that occurs, in 1219.f 

THOMAS DE ANESTY was'preferred thereto by the king, during 
the vacancy of the See, the 5th of April, 1248; and quitted it 
for the archdeaconry of Durham, in 1250. 

THOMAS DE HEREFORD died possessed of the office, in August, 
1253 ;t and the next we find is 

RICHARD DE MIDDLETON, the 23d of September, 1270 ; and 
after him 

ROGER DE HERTPURN, in 1288: and 

NICHOLAS DE WELLS, in 1310, and 1S11.J 

ROBERT DE PICKERING, on the 12th of June, 1312: Was 
made dean of York,|| and it is probable quitted the archdeaconry 
in 1314, in favour of 

THOMAS CHARL^ON, LL. D. who was consecrated bishop of 
Hereford, in 1327,11 upon whose resignation 

JOHN DE CHARLETON was presented by the king, the 16th of 
February, 1328.** 

EDMUND HOWARD occurs in the year 1343 ; and 

WILLIAM DE SHREWSBURY, in 1353 and 1355 :ff Was pre- 
bendary of Longden, and archdeacon of Salop, in Litchfield 
cathedral. 

JOHN DE BAMBURGH occurs in 1361 ;JJ and was succeeded by 

RICHARD DE BARNARDCASTLE, who was collated the 10th of 
September, 1362: Was temporal chancellor of this palatine, and 
seems to be the same person that erected the shrine of St Bede, 
and was interred near thereto. He resigned for the deanry oi 
Auckland, in 1369. 

THOMAS DUFFIELD was collated the 19th of August, 1369.$$ 

WILLIAM DE BEVERLEY succeeded by exchange, in January, 
1369: Was prebendary of Stillington, in York cathedral. 

* Vide Sir R. Atkyn's State of Gloucestershire, p. 92. Spelm. Gloss, p. HO. 
By this title he had the king's letters of pres. to the church of Kemesey> diocese 
Wigorn, dated July, 1212. Pat. 14 Joh. m. 5. n. 12. 

f llymer, voi. i. p. 177, 196. Camden's Rem. 523. Was appointed one of the 
king's proctors to treat about differences with the king of Scotland, the 2 1st of July, 
121 9.-^ Rymer, vol. i. p. 228. 

| Mat. Westm. 

Reg. Grenefield Ebor. 

|| Vic. Gen. W. A'epi. Ebor. Rymer, vol. iii. p. 574. 

f Rymer, vol. iii. 600, 617, 637. 

** Rot. A. Hatfield, sch. 8. 

ff Pat. 2 Ed. III. p. 1. 

it Reg. Hatfield, p. 55. Ryraer, vol. vi. p. 373. 

lleg, Hatfield, p. 67. 



286 THE CATHEDRAL. 



JOHN DE DERBY was presented by king Edward III. during 
a vacancy of the See, the 9th of February, 1370, and William 
de Beverley was ejected.* 

JOHN REFAME occurs in 1386 and 1397.f 

JOHN DE D ALTON, in 1409. 

JOHN RICHARDSON resigned in 1410. 

HENRY ELTON succeeded, and soon after resigned! to 

JOHN RICKENGALE, who possessed it a very short time ; for 
we find he resigned it in favour of 

JOHN AKUM, in 1411 ; and on his resignation 

JOHN RICKENGALE again had this office : Was made bishop 
of Chester, J 1426.' 

ROBERT BURTON, D. D. occurs in 1421.JI 

MARMADUKE LUMLEY occurs in 1422 and 1427: Was pre- 
centor of Lincoln, rector of Stepney, in Middlesex, and of Cha- 
rius, in Kent : In 1430, was consecrated bishop of Carlisle ; and 
in 1450, was translated to the bishopric of Lincoln. He died 
in 1451.11 

ROBERT BURTON occurs again in 1427 } on the resignation of 
Lumley;** and 

WILLIAM GRAY occurs in 1448.ff 

JOHN BURNE occurs in 1464. 

ROBERT MASON, LL. D. occurs in 1481. He was precentor 
of Lincoln, master of Trinity Hall, Cambridge,^ and preben- 
dary of Farendon ; was also one of the prebendaries of Norton 
in tins county; died possessed of this dignity in 1493, and was 
interred in Lincoln cathedral. 

RALPH SCROPE instituted the 23d of February, 1493 : Was 
prebendary of North Kelsey, or Ailesbury, or perhaps both 
successively, in Lincoln cathedral, and rector of Hambledon, in 
Bucks : Was succeeded by 

ROBERT DAVELL, or DOVELL, LL. D. who appears possessed 
of this dignity in 1518 and 1541 : Was a canon of Exeter, and 

* Pat. 44, king Ed. III. p. 2, 3. -Hatfield's Reg. f. 68. He was dean of 
Chester-in-the-Street, 1390. 

j- Reg. Lond. 

i Reg. Langley, f. 51. 

Vide Cart. &c. Libellus prior & conventus. John de Rykenhale, & ibi multa 
notabilia de jurisdic'one officialis prior & con. Grey's Notes, MSS. 

II Randall's MS Notes on Le Neve. 

^ Vide Hist. West, and Cumb. vol. ii. p. 273. 

** Grey's Notes, MSS. 

ff Ibidem. 

il Grey's Notes, MSS. 

EPITAPH. 

Orate pro anima magistri Roberti Mason, legum doctoris, archdiaconi Northum - 
briee, et precentoris hujus ecclesise qui obiit. Ann Dom. 1493. 



ARCHDEACONS. 287 



had Holm prebend in York, the 29th of May, 154-1. He died 
in the year 1557.* 

WILLIAM CARTER, D. D. was collated the 3d of Noverpber, 
155S: He was deprived, and sentenced lo remain at Thirsk, or 
within ten miles, on account of his recusancy :f Died at Mechlin^ 
in Brabant, in the year 1578. 

. WILLIAM KINGE, B. D. of King's College, Cambridge : Was 
presented by queen Elizabeth, the Isc of January, 1560$ being 
her chaplain :J Was prebendary of Canterbury, and Windsor, 
at the latter of which places he dted, and .was interred the 23d 
of September, 1590: Was deprived of this archdeaconry for 
non-residence, some time before his death. 

RALPH LEVER, A. M. was collated the 21st of October, 
1566: Was a prebendary in the first stall of this church, re- 
signed this dignity in the year 1573, and was succeeded by 

FRANCIS BUNNEY, A. M. who was collated the 20th of Oc- 
tober, 1573; resigned on being inducted to the rectory of Ry ton. 

JAMES BOLD* D. D. was collated the 25th of September, 
1578: Was of Corpus-Christi College, Oxford, and admitted 
to the degree of doctor in divinity, in April, 1576 : He resigned 
in 1581 ; || and was succeeded by 

RALPH TUNSTALL, A. M. who was collated the 29th of Oc- 
tober, 1581 : Was rector of Croft, in Yorkshire, and prebendary 
of this church, in the tenth stall. f 

JOHN CRAI>OCK> A. M. vicar of Gainford : Was collated in 
1619, and resigned on being appointed to the fifth stall in this 
church.** 

GABRIEL CLARKE, D. D. was collated the 7th of August, 
1619. In September, 1691, was appointed archdeacon of Dur- 
ham, and resigned Northumberland. He was also prebendary 
of this church. 

* Ath. Oxon, vol. i. p. 671. 

| Stryp. Eliz. p. 241. Stryp. Ann. vol. i. 275. 

{ Rymer, vol. xv. p. 5G3. 

Somner's Antiq. Canterb. p. 128. 

In St George's chapel, at Windsor. 

Hie jacet Gulielmus Kynge, cleric us, sacra; theologian baccalaureus regia? majes- 
tatis capellanus ac prebendarius sive canonicus infra ecclesiam collegiatara sive 
liberam capellam regiara sancti Georgij in Castro de Wyndsor, qui obiit 23 die Sep- 
temb. Anno D'ni. 1790. 

W. Kynge, B. D. preb. of Canterbury, (tenth stall) pres. 19 Jan. 1564. 
Vicar of Appuldore. 
Installed canon of Windsor, 1575." 
|| Ath. Oxon. vol. i. f. 113. 

\ The registry is deficient ; and who was the immediate successor of Tunstall is 
not known. He died before the 6th of March, 1618. 
** Ath. Oxon. vol.i. p. 740, 813. 



288 THE CATHEDRAL. 



FRANCIS-'BURWINE, D. D. was collated the 13th of Septem- 
ber, 1621 : Held the eighth stall in this church, and died in 
1633. 

JOSEPH NAYLOR, D. 7). rector of Sedgefield : Was collated 
thfc'25th of February, 1633: Held the second prebend in.this 
church. 

WILLIAM'- FLATHERS, B. TX'was collated the 24th of No- 
vemberV : 1638, <y&- the resignation, 'of Najlor: Was chaplain to 
bishop Morton. . 

1 EVERA81) GdWER, B. ZX ^aWbHatetl the Sth of May, 163ft. 
In 1640, was vicar of Norton : in 1641, rectof of Stahhope^and 
chaplain to bishop Morton.* 

ISAAC &AS1RE, B. D. his successor, was collated the 24-th of 
AUgust r 1644: Was a ptebendary of this church, in the seventh 
stall.. Died in 1676; and 

WILLIAM TURNER, D. D* succeeded, the SOth of October, 
1676 : W T atf rector of Stanhope: Departed this life at Oxford, 
the 20th of April, 1685, flet. 45, and was interred in 8t Giles's 
church there. f 

JOHN MoRTON^ B. D. succeeded the fith of October, 1685 : 
Was a prebendary of this church in the 1 2th stall!, and died in 
1722, 

THOMAS SHARP) A. Jtf. was collated the ; 27th of February, 
1 722. A prebendary of this church, in the tenth stall : Died in 
1758 ; and was succeeded by 

THOMAS ROBINSON, D. D. who was collated in August, 1 758 : 
Was prebendary of Peterborough and Landaff, and vicar of 
Pontelandj in Northumberland. Died in 1761..J- 

JOHN SHARP, D< D. was collated the 2 1st of April, 1762. 
Inducted to the vicarage of Hexham, in Northumberland, the 
1st of January, 1749-50; collated to the ninth stall in 1768; and 
nominated to the perpetual curacy of Bamborough, in 1773. 

ROBERT THORP, D. D* was collated the 22d of May, 1792 ; 
after the death of Dr Sharp.' He died in J812. 

REYNOLD GIDEON BOUYER, LL t B. was collated the 4th 

of May, 1812. 
J 



* Ath. Oxon. vol. I. p. 902. 

f Ath. Oxon. voi. ii. Fast. 222. B. Willis's Cath. 
In St Giles's church, Oxford, on a gravestone in the south aile, adjoining to the chancel. 

Gulielmus Turner, S T. P. 
Archd. Northumbr. ccc'l. parochialis 
De Stanhope, in agio Dunelm. rector. 

Obiit April 20, 1685. 

f He was a very learned and good man, and an active justice of peace. Grey's 
Notes, MSS. 



THE CATHEDRAL. 289 



AFTER a tedious arrangement of the several ecclesiastics 
who sat in this church, the reader's attention is required to 
a description of the sacred edifices, with a comparative view of 
their ancient state and ornaments. 

The traveller is conducted to this cathedral by the Place or 
Place- Green, where the whole north front lies open to the view. 
The situation is singularly grand and noble, the building stretch- 
ing along the crown of an eminence, about eighty feet perpendi- 
cular from the surface of the river, which washes its base ; on the 
east side the bailey intervenes between the church and the brink 
of the hill ; and on the west this venerable pile rises on the points 
of rocks, which shew themselves on the summit of the mount, 
and almost overhangs the stream : On this elevated ground the 
whole edifice has the most striking and august appearance. The 
towers to the west were anciently crowned with spires, covered 
with lead; the windows of the nave are under circular arches, of 
the original model ; in the other parts (excepting the upper tier 
of the choir) most of them are of a different form and age. This 
front is now under repair, the stones being all chisseled over, and 
the decayed parts restored ; the towers will receive new decora- 
tions, very different from the ancient ones, and the niches be sup- 
plied with new sculptures ; the expence is estimated at thirty 
thousand pounds, to be paid out of the Chapter's treasury : A 
distinguished act of public munificence ! 

As the proposed changes will effectually remove from the tra- 
veller's eye the ancient appearance of this edifice, it v/as thought 
expedient to present the public with a representation of the church 
in the state it was before the repairs began ; and notwithstanding 
the elegance of the present design, it is apprehended some of the 
ornaments might have been chosen with greater propriety : Above 
the great window of the middle transept, in two roundels, where 
the figures of Benedictine monks, cut in relief; by the mode of 
the sculpture, expressive of the age of the building. They led 
the judicious eye immediately to the csra, and gave an example 
of the state of that art : These roundels are now supplied with 
two fine new figures the one a prior, seated in his installation 
chair : the other, an effigy of bishop Pudsey, cut from the figure 
on his episcopal seal. A century alter this the figures will betray 
thespectatorinto an error, and lead him to determine, that this part 
of the structure was erected, or at least rebuilt, by that prelate. 
On the west corner tower of the eabt transept, were the effigies 

*~ VOL. II. 2 O 



290 THE CATftEDBAL. 

of those personages who attended the propitious cow, by which 
the monks discovered this seat of ease and magnificence; the cut 





shews the recess and sculptures in their decayed state, the 
figures being now restored and finished with much art. The 
great tower of the church, as remarked in the preceding 
part of this work, is much more modern than the rest, 
being built as high as the gallery, by prior Melsanby, who 
acceded in the year 1233, and his successor, prior Middleton : 
Prior Hugh, of Darlington, who was elected in 1258, finished 
the work, by building the belfrey or upper tower. The taber- 
nacle work, pointed arches, and ornament on the outsides of 
the building, confirm those dates ; for then the Gothic stile was 
in general acceptation : The buttresses of the tower are graced 
with niches canopied and finished with tabernacle work, in 
which are statues representing the great patrons of the See, in 
tolerable sculpture. The height of this tower, Willis says, is 
two hundred and twenty-three feet, describing the lanthern to 
be one hundred and sixty-two feet, and the belfrey sixty-one 
feet; but Mr Nicholson's admeasurement, which is most to be 
depended upon, makes the whole height twc> hundred and four- 
teen feet, that is, the dome or lanthern one hundred and sixty, 
and the belfrey fifty-four feet. 

It appears that the Place-Green, before prior Algar's time, in 
1 109, was crowded with houses, and to him we owe that great 
elegance of an open area between the cathedral and castle, 



THE CATEHEDRAL. 291 



giving the two edifices at once to the spectator's view ; he having 
caused the buildings to be removed, and the ground to be re- 
duced to a plain. The entrance to the church was by a portico, 
of much more modern work than the rest of the building, formed 
by pilasters and circular arches, the upper structure supported 
by flanking buttresses, from whence sprung a pointed arch, the 
whole terminating at a point in the center : The arms of queen 
Elizabeth, in stucco work, were placed on the division of two 
circular arches, where formerly were the windows of a small 
chapel : The portico, during the late repairs, was rebuilt and 
highly ornamented : There were anciently two chambers above 
the north door, where persons were lodged to hear the call of 
such as came to claim sanctuary, and who rang the bell to give 
notice thereof; after which the fugitive was secure from secular 
authority.* There was also an ancient chapel, dedicated to the 
holy cross, in this place; and in prior Kerneck's time, viz. 1214, 
we find an assignment of twenty shillings yearly out of tne mills 
of Browney, or Brunei, given to the house by Alan and Henry 
de Melsanby, with fifty acres of land in Pitenden, for a chaplain 
to celebrate mass for the soul of Alan de Melsanby, which chap- 
lain was allowed his corrody in the house.f The entrance down 
into the church is by three shallow steps. 

2 O 2 

* In ancient time, before the house was supprest, the abbey church, the church- 
yard, and all the circuit thereof, was a sanctuary for all manner of men that com- 
mitted any great offence, as killing of a man in his own defence, or any prisoners who 
had broken out of prison, and fled to the church door, knocking to have it opened : 
AUo certain men jay in two chambers over the north door for that purpose, that 
when any such offenders came and knocked, they instantly let them in at any hour 
of the night; and run quickly to the gallilee bell, and tolled it, that whosoever heard 
it might know that some had taken sanctuary. When the prior had notice thereof, 
he sent orders to keep themselves within the sanctuary ; that is, within the church 
and church-yard, and that every one should have a gown of black cloth, with a yel- 
"Ipw cross, called St Cuthbert's cross, at the left shoulder, that every|one might see 
the privilege granted to St Cuthbert's shrine, for offenders to fly unto for succour, 
a$d lifeguard of their lives, till they could obtain their prince's pardon : And that 
they shbyjji lie within the church or sanctuary, on a grate, made only for that pur- 
pose, adjoining to the gallilee south door. They had likewise meat, drink, bedding, 
and other necessities, at the cost of the house, for thirty-seven days, being only such 
as were necessary. for such offenders, until the prior and convent could get them 
conveyed out of the diocese. This privilege was confirmed not only^by king Guthrid, 

but by king Alured likewise. Cont. from Davies. Sir John Lawson's MSS. 

and Mr Hogg's Roll. 

f Item. Quod unus capellauus celebret missam pro anima magistri Hen. de 
Melsanby. 

Item, assignantur viginti sol. de dido Molendino de Bruna ad mercedem unius 
capellani qui omnibus diebus ferialibus in capella sanctae crucis supra portam abbathie 
missam celebrabit specialiter pro anima magistri Alani de Melsanby cum placebo $ 
dirige & commendatione animarutn qui hahebit corodium suum honorifice in curia 
& dictos viginti sol. de scaccario prioris recipiet. 



292 THE CATHEDRAL. 



It is unnecessary to present to the reader a dissertation on the 
ancient modes of architecture, to elucidate a description of the 
work, in the various parts of this edifice; the age of it is known, 
and the alterations made therein are almost critically ascertained : 
What we commonly call the Saxon architecture in such edifices, 
is in fact Roman ; for those who constructed the religious build- 
ings which arose in the earliest aera of the Norman accession, 
formed them after the models of workmen procured from the 
continent, (spoken of by Richard, prior of Hexham, 1. i. ch. 3.) 
and came over to construct our capital buildings, expressly 
" according to the Roman manner." This stile prevailed till 
about the conclusion of king Henry the First's reign, when, 
what we now call Gothic was introduced into Britain, so that 
in this church we find some strokes of the improved stile; for 
as the building was begun in 1093, so it was many years before 
it was completed : The walls were left unroofed by bishop 
Flambard at his death ; and the reader will recollect that bishop 
William brought the design with him from Normandy.* The 
ingenious traveller Mr Pennant, says, " In the inside is pre- 
served much of the clumsy, yet venerable magnificence of the 
early Norman stile." The gateway, which is ten feet wide, is 
ornamented within on each hand with pilasters; the inner one, 
or that nearest the gate, very richly embossed with foliage, and 
figures in a light and elegant stile ; the other plain : The in- 
clining arches are semi-circular ; the inner members carved in 
the zig-zag figure ; the outward one cmbatteled or dentelled. 
The venerable pile strikes the visitor on his entrance with an 
awful solemnity not to be expressed ; the stately and massive 
columns, the long extended ailes, the gloom which shadows the 
succession of arches, all contribute to affect the mind with an 
attention best known by being experienced : Ideas arise replete 
with the distant antiquity of the place, the piety of those from 
whom the structure had its origin, and the devotion which 
warmed the breasts of the religious whose characteristic virtues 
shone forth in the holy places. The plan or design of this build- 
ing is more regular than generally to be found in structures of 
the like age: The length of the whole church within, exclusive 
of the gallilee, is four hundred and eleven feet; that of the nave, 
from the west window to the center of the columns which support 
the tower, is two hundred feet, and its width seventy-four feet, 

Item memorand. Quod Molendinum de Bruna emptum fuit de dictorum magis- 
trorum Alani & Henricc, et quinquaginta acras terrae in territorio de Pitendure. - 
Conventiones Eccl. MS. JB, iv. 26. p. 3. 

* See vol. i. p. 168. 



THE CATHEDRAL. 293 



of which the center aile, from base to base of the pillars, is 
twenty-eight feet. The superstructure is supported on two 
rows of columns. Mr Pennant says, the pillars are vast cylin- 
ders twenty-three feet in circumference : The two extreme 
columns to the west rise from basis of the form of a complicated 
cross, having pointed projections from the interior angles ; the di- 
mensions of each base are fifteen feet every way, being exactly si- 
milar to those which support the columns of the tower and dome, 
vulgarly called the lanthern ; the pillars are clustered, having 
three semi-circular pilasters in each front, divided by an angular 
projection : The next column eastward rises from a base of the 
form of a cross, twelve feet each way, supporting a clustered pillar, 
the pilasters of which, towards the center aile, run up to the roof 
through the facia, between the upper windows; the next rises 
from a square base of eight feet, and is richly fluted, terminating 
with a plain capital, which supports the gallery above the side 
aile : Each intermediate pillar is clustered like those described 
in the second place, stretching up to the roof, and those in the 
intervals are circular, making the succession consist of a clustered 
pillar, and a round one alternately ; the first round pillar is fluted 
as before described, the second covered with the zig-zag figure, 
and the third grooved with the figure of a net. The pillars op- 
posite to each other are exactly similar in ornaments and dimen- 
sions : It is also to be observed, the clustered and round pillars 
through all the building have their bases of the dimensions before 
set forth : All the side walls are decorated with pilasters opposite 
to the columns, and the interior spaces under the windows are 
filled with double pilasters and intersecting round arches through- 
out the whole building, except only in the east transept. The 
arches between the great columns are all semi-circular, the out- 
ward members dentelled, the interiors zig-zag'd: The under 
gallery opens to the middle aile, with one round arch divided 
within into two arches, supported on a center pillar. There 
is an upper gallery of single arches. At the west end of the nave 
is a short cross aile or transcept, in length ninety feet, and 
eighteen feet wide from the centers of the columns, over the ends 
of which rise the west towers; according to Willis, one hundred 
and fifty eight feet in height, but by Nicholson's admeasurement 
only one hundred and thirty-eight feet. At the end of each side 
aile is a gateway, which opens into the gallilee. The ancient 
ornaments of the north aile are pointed out to the reader in the 
notes.* There are six large windows to give light to this aile, 

* At the entrance of the north aile was a trellice door from pillar to pillar, which 
opened and shut with two leaves, like a folding door. Above it was likewise trel- 



THE CATHEDRAL. 



but all the old painted glass is destroyed. The vaultings of the 
side ailes are semi-circular, and crossed with groined^ arches in 

liced almost to the height of the vault, and on the top of the said trellice were iron 
pikes, that none should climb over it : It was never opened but on r holidays, and at 
processions; and the north rood, on the other side of the same pillar, at* the north 
end of Jesus' altar, was likewise never opened but to admit some procession. 

There were two holy water stones belonging the church, of a fine blue marble ; 
the best stood within and opposite to the north church door, fixed in the corner of 
the pillar adjoining to the Lady of Pittie's altar, on the left hand as you turn into 
the gallilee, having a beautiful screen of wainscot,|finely painted with blue and little 
gilt stars : It was kept very clean, and fresh water always provided against Sunday 
morning, hallowed before divine service by one of the monks. 

The other stood within the south door, and supplied with fresh water everyfSun- 
day morning. That at the south door, served the prior, the convent, and the whole 
house; the other being for the use of those who came that^ way^ to k hearf divine 
service. 

There was between two pillars, on the left hand, in the north^aile^as you go jinto 
the gallilee from the north door, our Lady of Pittie's altar, inclosed on each side with 
wainscot, with the picture of our lady supporting our SavidK on herjknee, k as he 
.vas taken from the cross. 

And on the right hand of the said north aile, at going intb the gallilee, under the 
belfrey, called the gallilee steeple, was St Saviour's altar. 

In the west end of the church, and of the north aile over the gallilee door, is a 
belfrey, called the gallilee steeple, wherein hung four great bells, which were never 
rung but at principal feasts, or when the bishop came to town. 

Every Sunday a sermon was preached in the gallilee, (from one to three In the 
afternoon ; previous to which, at twelve, the great bell of the gallilee" tolled three 
quarters of an hour, and rung the fourth quarter. There were certain officers of the 
said bouse, who were always charged, whenever the bells were to be;tolled, to be in 
readiness to ring them But after the house was suppressed the bells were never 
rung. In queen Elizabeth's reign dean Whittingham intended to have them taken 
down and broken ; when Thomas Spark, the bishop's suffragan, having notice of the 
dean's purpose, sent directly into Yorkshire fora workman, and caused three of the 
bells to be taken down, and hung up in the new work, called the lanthern, where he 
made a set of chimes, which cost him thirty or forty pounds. 

The lowest window towards the lanthern had three lights divided with stonework. 
The picture of Christ crucified was in the middle of the first light ; and in the second 
was the picture of our blessed Lady; on the other side that of St John the Evan- 
gelist : On one side of Christ was a monk in a blue habit, ^kneeling and holding up 
his hands. And above were six turret windows in plain glass. 

The second window had two long lights divided with stone work, and in white 
glass, with coloured glass about it. 

In the third were two long lights, divided with stone work, having sin th^ first 
light the picture of St Catherine, and underneath her St Oswald, and below, that of 
St Cuthbert. In the second light was pictured the blessed Virgin, with Christ in 
her arms, and underneath St Bede, and below him St Osmond, bishop, and the arms 
of St Cuthbert and St Oswald ; and four turret windows without pictures, in coloured 
glass. 

The fourth window was plain, and as the second, with coloured glass about it. 

In the fifth window were two long lights, divided. as aforesaid, in white glass with- 
out pictures, but having round about coloured glass ; k and five turret windows j first 
four, and one at the top. 

The sixth window had two long lights, with a [stone work partition : In the first 
light was the picture of St Oswald, and under h:m St Paul ; and in the second light 
was that of St Peter, and underneath him St James, in, fine coloured glass: And 
above four turret lights, with bishop Skirlaw's arms on the top. 






THE CATHEDRAL. 29$ 



plain rolls, intersecting each other in the center. The middle 
aile of the nave is sixty-nine and a half feet in freight; the roof 
was vaulted with stone about the year 124-2, by prior Melsonby ;; 
the ribs* intersect each other in pointed arches, ornamented with 
zig-zag work in the fillets : There are seven upper windows to 
the north, andsix to thesouth. At the east end of thenave, between 
the pillars which support the great tower, anciently stood Jesus's 
altar, with all its decorations, no traces of which remain.* Behind the 
altar, and between the two round pillars, were interred priors 

Within the church were two marble holy water stones, bossed with hollow bosses, 
on the ontsides thereof curiously wrought : That at the north door was twice as 
capacious as the other at the south, both of the same workmanship. These were 
taken away by dean Whittingham, and removed into his kitchen, and employed topro- 
phane uses. They stood there during his life : his servants steeped their beef and 
salt fibh in them, there being a conveyance in the bottoms to let out the water, as 
they had when in the church. After that dean's deith the greater was removed to 
the lower end of the dean's buttery, where the water conduit is, and next unto the 
wine cellar, for the servants to wash their pots and cups in, before they served them 
at table. The base of the great holy water stone was laid without the north church 
door, and afterwards placed in the earth, in the shop of one Lamb a black-smith, 

upon Framwellgate bridge Con. from Davies, Sir John Lawson's MaS. and 

Mr Hogg's Roll. 

* In the body of the church, between two of the highest pillars supporting the 
west side of the lanthern, opposite to the choir door, was Jesus' altar, where mass 
was sung every Friday in the year; and on the backside was a high stone wall, at 
each end whereof was a door, and called the two rood doors, for the precession to 
go forth and return at: Each end of the altar was closed up with fine wainscot, like 
to a porch, adjoining to each rood door, finely varnished with red varnish. In the 
wainscot, at the south end of the altars were four grand almeries, to preserve the 
chalices and silver crewets, with two or three suits of vestments, and other orna- 
ments belonging to the said altar, for holy and principal days: And at the north end 
of the altar, in the wainscot, was a door to come into the said poi ch. There was 
also standing on the altar, a most curious fine table, with t\vo leaves to open and 
shut, comprehending the Passion of our Lord, richly set in fine lively colours all 
like burnished gold ; which table was always locked up, but on principal days. Also 
the fore-part of the said porch, was a door with two broad leaves to open from side 
to side, all of fine through-carved work : On the principal days, when any of the 
monks said mass at the said altar, the table was opened, and the door, which com- 
posed the fore-part of the said porch, that every man might come in and see the 
table. 

There was also in the height of the wall, from pillar to pillar, the whole story and, 
passion of our Lord, wrought in stone, and curiously gilt . And above was the whole, 
story and pictures of the twelve apostles, very artificially set forth, and finely gilt 
extending from one pillar to the other. And on the top above all, a border artifici- 
ally wrought in stone, with fine colours, and gilt, with branches and flowers. And 
likewise above the top of all, upon the wall, stood the most famous rood that was in 
in all the land, with the picture of Mary on one side of our Saviour, and that of St 
John on the other, with two archangels. 

Also on the back of the said rood, before the choir door, there was a loft, and the 
clock stood in the south end thereof. 

Every Friday, after evening prayer, an anthem was sungin the body of the church 
before St John's altar, called Jesus' anthem, which was peifornvjd by the master and 
choir, who sung another anthem sitting on their knees before Jesus' altar, one of the 
gallilee bells tolling. Davies, &c. 



296 THE CATHEDRAL. 



Aukland and Castell, and nearer to the font prior Burnaby.* 
In the center of the four west pillars, is the font, an elegant 
marble bason, over which is a fine piece of tabernacle work in 
red oak, of an octagon form, richly ornamented, and of excellent 
workmanship, supported by four columns about eight feet in 
height, the whole being about thirty feet high, terminating in a 
pinnacle, and decorated with a dove extending her wings. To 
the east of the font, between pillar and pillar, is a cross of black 
marble laid in the pavement, beyond which women were strictly 
prohibited advancing towards St Cuthbert's Shrine. -j- In the 

re. * Thomas Castell, prior of Durham, lies buried under a handsome marble stone 
in the body of the church, before Jesus' altar, being pictured in brass from the waist 
up, with his epitaph : Opposite to which, between two pillars on the north side, was 
a loft, containing a pair of organs for the use of the master and quiristers, at singing 
Jesus' mass and anthem every Friday, with a desk to lay the books on in time of 
divine service. 

John Aukland, prior, lies buried within the abbey church of Durham. 

John Burnaby, prior of Durham, lies buried under a handsome stone, pictured in 
brass from the waist upward, in the midst of the church, beneath the north door, not 
far distant from the marble cross, with his epitaph. Davies, &c. 

f There is, betwixt the pillar on the north side wherein the holy water stone stood, 
and the opposite pillar on the south side, a row of blue marble, in the midst whereof 
is a cross of the same coloured marble, in token that all women who came to hear 
divine service, should not be suffered to ccme above the said cross; And if it hap- 
pened that any woman came above it, she was instantly punished for certain 
days, because no woman, presumed to come where the holy man St Cuthbert was, 
for the reverence they had to his sacred body. 

Also if any woman happened to come within the abbey gates, or within the pre- 
cincts of the house, she was punished as an example to deter others from doing the 
like. 

The reasons why women ought not to come to St Cuthbert's feretory, nor enter 
the precincts of the monastery. 

Divers books of the life and miracles of St Cuthbert have been written, which set 
forth, That St Cuthbort, fora long time, led a most recluse life, in the borders cf the 
1'icts; in which time it happened that the daughter of the king cf ihat province was 
got with child by some young man in her father's house. The king perceiving her 
pregnancy, diligently examined her who was the cause o;' that fact ; whereupon she 
made this answer : That solitary young man who dwelleth hard by, is he who hath 
overcome me, and by whose beauty I am thus deceived. A\ hereupon the king re- 
paired to the hermit's place, with his deflowered daughter, attended by divers knights, 
where he instantly accosted the servant of God in this manner : What art thou he, 
who, under the colour of religion, prophanest the temple and sanctuary of God ? 
Art thou he, who under the cloak and profession of an hermit, exercisest thyself in 
all filthiness? Behold my daughter, whom thou by thy wiles has corrupted, not fear- 
ing to deflour her : therefore now at last confess this thy fault, and plainly declare 
here, before this company in what sort thou hast seduced her. The king's daughter 
marking the fierce speeches of her father, very impudently stepped foith. and boldly 
affirmed, that it WAS he who had done that wicked fact : At which the young man, 
greatly amazed, perceiving that this calumny proceeded from the instigation of the 
Devil, applied his whole heart unto Almighty God, saying : My Lord, my God, who 
only knowest, and art the discoverer of all secrets, make manifest also this work of 
iniquity, and by some token disprove the same, which, though it cannot be done by 
human policy, make it known by some divine token. When the young man had 



THE CATHEDRAL. 297 

middle of the south aile, opposite to the second pillar from the 
cloister door, was the tomb of bishop Nevil ; between the second 
and third door stands and altar tomb of John lord Nevil, and 
between the next adjoining pillars, the tomb of Ralph lord Nevil. 
Ralph lord Nevil died in the year 1347, and, as I observed be- 
fore, was the first layman suffered to be buried within the walls 
of this church. His remains were brought in a chariot drawn 
by seven horses, as far as the gates of the church-yard, and then 
borne on the shoulders of his knights into the church : The ab- 
bot of St Mary's, of York, performed the funeral offices, and he 
was interred before the altar of the holy cross, where he obtained 
a mass to be daily said : His wife Alicia was afterwards buried 
near him. It was then a custom to make offerings at the inter- 
ment of great men, and eight horses, four for war, with four men 
armed and caparisoned, and four for peace, where on this occa- 
sion the holy gift ; together with three vestments of cloth of gold, 
interwoven with flowers. His son, John Nevil, redeemed four 
VOL. ir. 2 P 

spoken these words, suddenly, and in the same place where she stood, the earth making 
a hissing noise, presently opened, and swallowed her up in the presence of all the 
spectatators. This place is called Corwen, where she for her corruption was convey- 
ed down into Hell. As soon as the king perceived this miracle, he began to be 
greatly tormented in his mind, fearing lest for his furious threats he should incur the 
same punishment. Whereupon he, with his company, humbly craving pardon of 
Almighty God, with a further petition to that good man St Cuthbert, that by his 
prayers he would crave of God to have his daughter again j Which petition the holy 
father granted, upon condition, that from thence no woman should come near him. 
Whence it came to pass that the king did not suffer any woman to enter into any 
church dedicated to that saint. Davies, &c. 

Mandaturn, ad vocnnd. certas mulieres de Novo Castro ad peenas eis injunctas t pro 
quod atlemptaverint transdre adfcretrum S. Cuthberti. 

Domini Dunelm. episcopi officials, capellanis, &c. sal. cum nuper Matildis Burgh, 
et Margareta Ujhar, serviens, &c. ex instigatione diabolica inducta, & ausu temerario 
ad ecclesiam cathedralem Dunelmen. accessissent restibus virilibus inductee, eo animo 
& intenlione, ut ad feretrum sanctiss. confessoris Cuthberti personaliter accederent 
scientes hoc esse prohibitum mulieribus quibuscunq. sub peena excommunicationis, 
majoris, & \iolationis ecclesia? libertatis. Cunq. de hoc gravi facinore coram nobis 
pro tribunali sedentibus convictae fuissent & confessatae, & com talibus, &c. de con- 
sensu magistri Johannis Houteman Dom. nostri episcopi Dunelm. vicarij gen. &c. 
dictis mulieribus in forma juris juratis paenitentias injunximus pro commisso. viz. 
quod utraq. earum incedat coram processione tribus diebus festivis circa ecclesiam S. 
N;cholai & aliis tribus diebus festivis circa ecclesiam omnium sanctorum prcedictas 
( N. Cast. ) in eisdem vestibus virilibus, eisdem modo & forma quibus ad dictaxn ec- 
clesiam cathedralem Dunelm. tarn temerarie accedebant. Vobis igitur injungmus & 
mandamus, quatenus dictas mulieres ad agend. dictas paenitentias, ut premittitur 
alternis diebus in vestris ecclesiis tonvocetis, & causam quare talem peragunt paeni- 
tentiam populo publice & solemniter nuncietis, ne alias mulieres de cetero in tantain 
prorumpere audaciam delinquendi valeant. &c. Dat. Dunelm. IS dies Mensis Sep- 
ternb. Anno Dom. 1417. 

The reader will find a certificate of this pennance being performed, in Bourne'* 
History of Newcastle. 



298 THE CATHEDRAL. 



horses by the payment of one hundred mares : But Mr Pennant 
observes, " This favour was not done gratis by the holy men 
" of the place : Ralph had presented them with a vestment of 
" red velvet, richly embroidered with gold, silk, great pearls, 
" and images of saints, dedicated to St Cuthbert.* His widow 
" also sent to the sacrist one hundred and twenty pounds of sil- 
" ver, for the repairs of the cathedral, and several rich vestments 
" for the performance of the sacred offices.f This was the 110- 
" bleman who was so instrumental in gaining the victory of 
" Nevil's Cross;" or the Red Hills. The tomb of John, his son, 
is also an evidence of the convent's favour obtained by rich gifts. 
These monuments were ornamented with the recumbent effigies 
of the great personages there interred, and surrounded with 
small figures of ecclesiastics in alabaster, finely wrought, but now 
mutilated and almost totally defaced: When the general disre- 
gard for religious edifices took place of old veneration, this church 
was thought the properest place of confinement and security lor 
the Scotch prisoners after the battle of Dunbar : and they pilla- 
ged and destroyed every thing within their reach, fulfilling the 
scriptures literally, making this holy place, in truth, a den of 
thieves.J At the north end of the west transept was St Saviour's 

* She also gave to the church one vestment, two tunicles, one cape, three albes, 
two stoles, and three manimples of black sattin, with the arms of the baid lord Nevil, 
and of Hugh lord Audley, her father, embroidered on the borders thereof. 

The other monument contains the bodies of John lord Nevil, who died at New- 
castle, the 17th of October, 1389, and his first wife Maud, the daughter of Henry 
lord Percy, at whose funeral six cloths of gold were offered to St Cuthbert ; of which 
were made two vestments for the high altar, one chalice, and two tunicles, 

f Dugdale's Baron, i. 295. 

Et iterum rogavit eosdem priorem & conventum, ut concederent sibi & uxori suse 
unam missam qualibet die pro perpetuo ad illudaltare ; ita quod monachus celebrans 
celebraret de quo vellet, habendo in memoria animas ejus & uxoris suae & omnium 
fidelium defunctorum ; & concesserunt ei sub hac conditione, quod acquireret vcl 
appropriaret domui communi eorem unum annuum reditum 101. pro perpetuo dura- 
turum. 

W. de Chambre, Wharton's An. Sac. 768. 

$ Robert Nevil, bishop of Durham, lies buried in his ancestor's porch, near to the 
cloister door, which is to the south, and Jesus' altar to the north of the porch, con . 
taining three pillars ; and so much of the angle having in it an altar, with a fine 
alabaster table above it, where mass was daily celebrated for their souls, and therein 
a pew, where the prior used to sit to hear Jesus' mass. The east end of the porch, 
where the altar stood, was closed up with a little stone wall higher than the altar, 
and wainscotted above the wall ; and the west end with a little stone wall, and an 
iron grate on the top of it, and the north side towards the body of the church was 
invironed with iron. 

Also on the back part behind Nevil's altar, to the midst of the pillar behind the 
church door, in compass from pillar to pillar, there was a chamber, where one that 
kept the church, and-rung the bells at midnight lodged : And over the church door, 
the compass of four pillars, two on either side, when one entered within the church 
door, was all covered above head with wainscot, very finely painted, and varnished 



THB CATEiEDftAL. 299 



altar ; and at the south end, the grate, on which those who were 
-tnder sanctuary lay ; and the remains of all which, with the 
Lady of Pity's altar, and the holy water basons, are totally effa- 
ced. In the south aile are six windows, in which are some broken 
remains of painted glass.* Over the two gates of the gallilee 
are shields of arms of bishop Langley. The west windows of 
seven lights, was made in prior Fossour's time, by John Tickhill, 
under which are the monuments of Sir George Wheeler, Dr 
Knatchbull, and Dr Watts.f There is a little door by which 
the officiating priest passed to the altar of the virgin in the galli- 
lee. The fine paintings in the west windows are all defaccd.f 

azure, and set out with stars of gold. And in the fore- part of the wainscot, from 
pillar to pillar, within the church, over the holy water stone, there was a brattishing 
on the fore part of the wainscot or roof, very curiously wrought, and gilt with gold, 
and in the midst of the brattishing was a star of great compass, like the sun, very 
curiously wrought with gold, and enamelled j so there could no dust or filth fall into 
the holy water stone. 

In the west end of the south aile, between the two nethermost pillars opposite to 
our Lady of Pittie's altar, was an altar with a rood, representing Christ's Passion, being 
commonly called the bonny rood, inclosed on each side with wainscot, as was the 
altar of our Lady of Pittie. Davies, c. 

* In the first, OTer the chupch door, going into the cloisters, were three fine lights, 
divided with stone work, having in the first the picture of St Oswald, in the second 
the virgin Mary, and underneath her bishop Langley, in his episcopal attire, on his 
knees, with his arms in an escutcheon, and these words, orate pro amma D. Thomae 
Langley, quondam episcopi hujus ecclesiae : And in the third light St Cuthbert, In 
fine coloured glass : And above were three white turret windows. 

In the second window were five fine long lights divided with stone work, having 
in the first the picture of St George in armour, and a red lion under his feet : 
In the second St Oswald : In the third our blessed Lady : In the fourth St Cuth- 
bert, in his episcopal robes : And in the fifth St Christopher with Christ on his 
shoulders, having a staff flourishing in his hand, and the instruments wherewith 
Christ was crucified. There were ten knots in coloured glass, five above and five 
below ; and six turret windows in white glass. 

In the third window were two long Rights, having in the first light the picture of 
God the Father, and on his breast Christ hanging on the cross : In the second was 
St Cuthbert, with arms of the Nevils finely done ; and four turret windows on the 
top, having in them all the Nevils' arms, as they were joined in matches. 

In the fourth window were two long lights, divided with stone work, having in the 
first the picture of our blessed Lady, St John Baptist, and St Paul, and in the second 
St John the Evangelist, with the chalice in his hand, St Anne, and other pictures, 
with the Nevils' arms, and the arms of those that were joined with them in marriage : 
And above were four turret windows, with the Nevils* arms in them all. 

In the fifth window were two fine long lights, having in the first the picture of 
the angel Gabriel saluting the blessed Lady : In the second the virgin Mary, and 
1 wo other angels with escutcheons of the arms of the Nevils, and others with whom 
they have married, on their breasts. 

In the sixth window above the south great door of the church were two lights 
Laving in them no pictures ; and above were four tower lights, having in them the 
arms of four several noblemen. 

f See inscriptions in pages 228, 250, and 274. 

| Over the south gallilee door was the seventh window, having no pictures ; but 
four turret windows in white glas. 



300 THE CATHEDRAL. 



In the south aile, opposite to the north entrance, is a large gate- 
way into the cloister, highly wrought and decorated, with a 
range of three inclining pilasters, supporting semi- circular ar- 
ches ; the pilasters are variously cut in squares and circles, em- 
bossed with flowers, figures of animals, and the zig-zag orna- 
ments : Their capitals are finished with figures of animals ; and 
the outward arch is decorated with grotesque figures in circles. 
At the east end of this aile is another gateway into the cloister, 
but not so large as the last described, forming a portico in the 
thickness of the wall, by inclining pilasters and arches ; the out- 
ward bow is ornamented with a band of thorns, the second a 
rich cordage, the third embattled or dentelled, the next a fillet 
of roses, and the last a double zig-zag. 

The great cross aile, or middle transept of this church, has an 
aile towards the east at both ends; the entrance into the choir, 
projecting in the center, equal thereto. This transept is one 
hundred and seventy feet in length, and fifty-seven feet in width, 
including the aile; without which it is only forty feet from the 
centers of the great columns which support the dome. The 
clock anciently stood behind Jesus's altar, in the middle of the 
nave, fronting the choir door, but is now placed at the south 

In the west end of the church, over thegallilee, was a fine large windew, containing 
the whole story of the root of Jesse, in coloured glass, with Mary and Christ in her 
arms on the top of the said window. 

In the end of the church towards the west, over the north gallilcedoor, was a win- 
dow with two lights, divided with stone work, having in the south the picture of our 
blessed Lady with Christ in her arms, and a scepter in her hand ; and the second or 
north light was in white glass: And above were four turret lights, with bishop 
Skirlaw's arras on the top. Davie, &c. 

Inscriptions on gravestones. 

D. S. 
Hie jacet 

Depositum Dulcibella Morton, 
Quae obiit vigilia St Matthsei. 

MDCLXXXVIII. 

Cum vixisset annos XLIV. 

Juxta conduntur 

Filius Georgius 

Fill's Elizabetha et Anna. 

C~Kiu.lK.rtoO }gSJf*25 

Obiit vicesimo die > < ,. ,.- . 

Januarie, 1691. ^odieMaie, 

This stone now lies between the eastermost arches, on the south side of the body 
of the church. 

The monument of Robert Swyfte formerly lay on the north side of the'choir door. 
It is now entirely taken away, but the brass plate is still preserved in the vestry. 

Near this monument was that of Richard Stobert, who died in 1610, but now 
totally defaced ; and also an inscription to the memory of Thomas Blakiston, Esq; 
who died in 1710, which has shared the same fate. 



THE CATHEDRAL. SOI 



end of the transept, and was built in its present elegant form, in 
1632. in dean Hunt's time. The body of this transept is sepa- 
rated from its ailes at each end by two round pillars, and one 
clustered one ; one of the round pillars is grooved in a spiral 
form, and the other in the zig-zag figure : Those ailes are now 
inclosed with a wood screen ; that on the south end being fitted 
up for the morning service at six o'clock ; the other to the north 
not of present use: Each aile is lighted by three windows to the 
east, and one at the end, and anciently had three altars : In the 
south limb, HowelPs, or the altar of the holy virgin, next to the 
choir ; the lady of Boulton's altar, also dedicated to the holy 
virgin, and the altar of St Fides, and St Thomas the Apostle, 
the last: Before HowelPs altar, prior John de Hemingburg 
was interred, and the priors William de Ebchester, and Robert 
de Ebchester, before the lady of Boulton's altar.* In the north 

* There was also standing in the south pillar of the choir door of the lanthern, 
in a corner, a square stone, which has been finely wrought. On every side was a 
large image, and twelve cressets, filled with tallow, to give light to the monks at 
midnight when they came tomattins. 

John Washington, prior of Durham, lies buried under a fine marble stone, with 
verses engraven in brass upon it before the porch, over the entrance of the north aile, 
as you go to the song-school adjoining to St Benedict's altar. 

Robert Berrington, of Walworth, prior of Durham, first obtained the use of the 
mitre with the staff. He lies buried under a fine marble stone, being pictured from 
the waist upwards in brass, on the north side of prior Washington in the north plage 
over against St Benedict's altar, being the first of the three altars in that plage, or isle. 

Next to St Benedict's altar on the north is St Gregory's allar, being the second 
altar. 

John Fossour was the first prior interred within the abbey church. He was 
buried in the north plage before the altar of St Nicholas and St Giles, the last of the 
three altars in the plage towards the north ; over whom was laid a curious and sump- 
tuous marble stone, prepared by himself when living, with his own image, and other 
imagery work, viz. The twelve apostles, divided and bordered on either side of him ; 
and three other pictures, all in brass. 

John Hemingbrough, prior of Durham, lies buried in the south plage, on the 
right hand as you go to the revestry, under a fine marble stone, with his picture 
curiously engraven upon it, having the twelve apostles pictured on each side, six 
south, and six north, in brass, with other imagery work about his head ; lying before 
the altar of our lady, or Houghwell's altar, the first of the three altars in the south 
plage. 

William Ebchester, prior of Durham, lies buried in the south aile-plage, on the 
right hand, under a fine marble stone, before the lady of Bolton's altar, with his 
verses and epitaph engraven upon the said stone, in brass ; which stone was taken 
thence, and laid before the choir door : The aforesaid altar is the second in that 
plage. Over that altar was a beautiful image of our lady, called the lady of Bulton ; 
which was made to open with gimmers, from her breast downwards; and within was 
painted the image of our Saviour, finely gilt, holding up his hands, and betwixt his 
hands a fair and large crucifix, all of gold : Which crucifix was to be taken out 
every Good Friday, and every man crept unto it that was then in the church ; after 
which ;t was hung up again. And every principal day the image was opened, that 
every man might see pictured within, the Father, the Son, and the Holy Ghost, most 
curiously and finely gilt ; and both the sides within very finely varnished with green 
varnish, and flowers of gold : And underneath the stone sh stood on, was a beautiful 



302 THE CATHEDRAL. 



limb, St Benedict's altar stood next the choir ; the next St Gre- 
gory's ; and the altar of St Nicholas and St Giles the last to the 
north : Before St Benedict's altar were interred priors Barring- 
ton and Wessington ; and prior Fossour before the altar of St 
Nicholas a<nd St Giles, he being the first prior buried within the 
walls of this church. The windows of this transept were ele- 
ganty glazed with painted glass, of which little remains. The 
picture of St Bede, an elegant figure in a blue habit, is yet per- 
fect, and part of the representation of the crucifixion, as descri- 
bed in the notes.* The north window was made by the muni- 
cross upon an escutcheon, called the Nevils' cross, signifying that the Kevils had 
born the charges thereof. 

Robert Ebcfeester, prior of Durham, lies buried under a fine marble stone, with 
his picture and verses, from the waist upwards in brass, before the said lady of Bol- 
ton's altar. 

Next to the lady of Bolton's altar, on the south, was St Fides's, and St Thomas 
the Apostle's altar; being the third altar in the south plage. 

There is a library in the south angle of the lanthern, which is now above the clock, 
betwixt the chapter house and the te deum window j it is well replenished with 
ancient and modern books. 

In the south end of the aile of the lanthern above the clock is a handsome glass 
window, called the te deum window, finely glazed, very curiously wrought in fine 
coloured glass, with the nine orders of angels, viz. thrones, dominations, cherubims 
&c. with the picture of Christ crucified, and the blessed virgin Mary with Christ in 
her arms. 

Opposite to this, in the north end of the alley of the lanthern, is a large and 
beautiful glass window, having twelve long and good lights, built of fine stone, and 
glazed, which in old time was gone to decay; and prior Castell, rebuilding it, called 
it the window of the four doctors of the church, having six long and handsome glass 
lights in the upper part of the said window ; and therein is pictured our blessed Lady, 
with the figure of our Saviour Christ in her arms, and that of St Cuthbert on the 
west side, in the midst of the said window, in fine coloured glass : And on the e^st 
side of our Lady are two doctors of the church, and the other two doctors pictured 
on the west side of St Cuthbert : And the picture of prior Castell, who bore the 
whole charge of building the said window, sitting on his knees (in fine blue glass, in 
his habit,) and holding up his hands under the feet of the blessed virgin Mary, whose 
image stands above his head, saying, "Virgo mater Dei, miserere mei:" " Holy 
Virgin, Mother of God, have mercy upon me." There are other six handsome lights 
in the same window, very finely glazed, with all the instruments of Christ's death 
wrought in fine colours ; a stone gallery the breadth of the thickness of the wall, at 
the division of the superior lights from the inferior, affording a passage into the roof 
of the sacrist's exchequer, supported by the partitions of stone in the window work. 
Davies, &c. 

* In the north aile of the lanthern. 

On the west side of this aile, above the stair-case door, was only one window, 
having three long lights : In the first light was the picture of St John the Baptist, 
with the Lamb of God in his hands ; In the second the picture of our blessed Lady, 
with a monk in a blue habit upon his knees ; and above his head written, " Mater 
" Dei, miserere mei." And in the third light was the picture of St John the 
Evangelist, with a reed in his hand, and underneath him the Nevil's cross and bull's 
head ; with two tower windows above ; and the picture of God in the highest, in fine 
coloured glass. 



THE CATHEDRAL. SOS 



ficent prior Fossour, under a pointed arch, as also three windows 
in the aile ; but the great window going soon after to decay, was 

And further, in this aile were three altars, and behind every altar one glass win- 
dow, having three long lights separated from each other by stone work. 

The first altar was called St Giles's ; and in that window, in the first light, was 
pictured St Nicholas, having under his feet written, " Sanctus Nicholas, episcopus." 
In the second light is pictured Nicodemus, or, as others say, Joseph of Arimathea, 
bearing Christ on the cross in his arms : And in the third light was pictured St 
Giles in a blue habit, with a hind at his feet shot with a shaft. 

The second light was called St Gregory's altar, and behind it a window of three 
lights, divided with stone work : In the fiist light of that window was the picture of 
St Gregory : In the second the picture of our blessed Lady, with Christ in her arms; 
and one W. Seaton, sub-prior, pictured in his blue habit, kneeling and holding up 
his hands, with these words underneath him, " W. Seaton, sub-prior." And in the 
third light was a bishop with a cross on his shoulder, called St Ambrose. 

The third is called St Benedict's altar, having the like window : In the first light 
was the picture of St Benedict in a blue habit, with a crosier staff in his hand ; 
underneath him the picture of St Hierome, with a cardinal's hat on : And in the 
second light, Christ as he arose from the dead, and a prior in a blue hahit, kneeling 
and holding up his hands before the altar, with a mitre set upon it: In the third 
light was the picture of St Catherine, with the wheel in her hand ; underneath her 
the picture of Mary Magdalen, with an alabaster box in her hand, as she anointed 
Christ : And above were three tower windows, with angels in fine coloured glass. 

The orders of St Benedict were set forth in their pictures about the altar in wain- 
scot, with a partition, the friars within, and the monks without. 
In the south aile of the lanthern. 

In this aile were three altars, called Houghwell's, the lady of Bolton's, and St 
Fides's altar towards the south, each having a window behind it. 

The first alter had a fine glass window with three long lights: In the first was the 
picture of St Catherine: In the second our blessed Lady, with Christ in her arms; 
and under her a monk in a blue habit, kneeling and praying : In the third was St 
Margaret, and under her St Christopher, bearing Christ on his shoulders over the 
water, having a staff flourishing in his hand : And three turret windows, with the 
picture of St John the Baptist in prison, having a grate before him, and a book in 
one hand, with the Lamb of God upon it, pointing unto it with his other. 

The second altar had a window with three like lights, having in the first St John 
the Evangelist; and under him the picture of St Nicholas : In the second light our 
lady of Bolton, with a golden mace in her hand, and a crown of gold on her head ; 
and a monk under her feet kneeling and praying : In the third light, St Stephen, 
with stones in his hands, wherewith he was martyred ; and under him the picture of 
St John the Baptist, with the lamb in his hand; with three towers in coloured glass, 
with angels pictured in them. 

The third altar had the like window : In the first light was the picture of the 
blessed Virgin, with Christ in her arms ; and under her St Fides : In the second 
light God the Father, with Christ in his arms, as proceeding from the Father ; under 
him was St Thomas, and under St Thomas, a monk in a blue habit, holding up his 
hands and praying : In the third light was St Leonard ; under him St Laurence, 
and in the high part of the window, in a little turret, was St Uede in a blue habit, 
and the other two little turrets had two angels. 

In the end of the said altar, southward, was a fine glass window with three long 
lights . In the middle or first light was the picture of Christ crucified, and under- 
n -ath a monk in a blue habit, kneeling and holding up his hands, having written 
above his head, " Christe Jesu Thomas des Gaudium :" And in the second light, 
the picture of the virgin Mary on one side of Christ: And in the ihird light, St 
John the Evangelist, on the other side of Christ : And above all, three lights, the 



504 THE CATHEDRAL. 



restored by prior Castcll, who acceded in 1494, and ornamented 
it with much painting: There is a large window on the west side 
of the transept, near the end. The south window, before de- 
scribed in the notes, is Called the Te Deuin window. The choir 
is now inclosed with a screen of oak, covered in a bold stile with 
festoons of fruits and flowers, and an entnblature of a rich foliage 
pattern. This takes place of the old pannelled work, on which 
were painted the images of the great patrons and benefactors of 
this church ; under each of which was an historical inscription 
in letters of gold.* (The screen at Hexham, described in the 
View of Northumberland, and by Mr Pennant, gives an idea of 
what our cathedral paintings were.) The ailes^are inclosed by 
handsome gates, carved with foliage and open work : Above the 

picture of God, with a globe in his hand, in the middle lights ; and the pictures of 
two angels on each side of God, in either of the other two lights. 

There was a window towards the cloisters, west of the clock, which had^ three 
lights : In the first was the picture of our Lady ; under her. the picture of St Cuth- 
bert, with St Oswald's head in his hand : In the second light, our Saviour Christ on 
the cross, with IN III over his head, and angels receiving blood and water from his 
feet, and the picture of the sun and moon wanting their light above his head ; under 
the picture of Christ was our Lady, and under her a monk in a blue habit, kneeling 
and holding up his hands, having above his head, " Mater Dei miserere mei :" And 
in the third light, was the picture of St John the Baptist, and_St^Oswald under him 
in his princely attire. Davies, &c. 

|* The cross aite of the lanthern before the choir door, going north and south. 

In the former part of the choir, on either side the west door, or the chief entrance 
thereof, without the choir door in the lanthern, were placed, in their several rooms, 
one above another, the most excellent pictures, all gilt, and extremely beautiful, of 
the kings and queens, as well of Scotland as England, who were devout and godly, 
founders and benefactors of this church, and sacred monuments of St Cuthbert, in 
their several successions and kingdoms ; whose names follow : 

Edgar, king of Scotland. Richard III. king of England. 

Catharine, queen of England. "William the Conqueror, king of England. 

David Bruce, king of Scotland. Harold, king of England. 

Kichard II. king of England. John, king of England. 

Alexander, king of Scotland. Edward 1 1. king of England. 

Henry IV. king of England. Athelstan, king of England. 

Richard II. king of England. Stephen, king of England. 

Alexander, king of Scotland. Matilda, queen of England. 

Matilda, queen of England. Canute, king of England. 

David, king of Scotland. Malcomb, king of Scotland. 

Edward III. king of England. Duncan, king of Scotland. 

Henry II. king of England. Henry III. king of England. 

Edward I. king of England. Eleanor, queen of England. 

Henry V. king of Fnj>land. Henry I. king of England. 

Alexander, king of Scotland. Eleanor, queen of England. 

Sybil, queen of Scotland. Malcomb, king of Scotland. 

William Rufus, king of England. William, king of Scotland. 

In the same place were the images of many more benefactors and founders of this 
See, under whom, as also under the kings and queens, were historical inscriptions. 



THE CATHEDRAL 305 



screen, stands an excellent organ,* richly ornamentecLf There 
are brackets for statues against the pillars of the transqit, on 
each side of the entrance into the choir. Jn the center of this tran- 
sept is the great dome or lanthern, supported on four clustered 
pillars, from the floor to the center of the roof one hundred and 
sixty feet in height.:): This being built in the beginning of the 
VOL, n. 2 Q 

The ORGANS. 

There were three pair of organs belonging to the said choir, for maintenance of 
God's service, and the better celebrating thereof. The grandest of the thvee stood 
over the choir door, only opened and played upon on principal feasts, the pipesbeing 
all of the finest wood and workmanship, partly gilt upon the inside, and the outside 
of the leaves and covered up to the top, with branches and flowers, fi nely gilt, 
with the name of Jesus gilt with gold. There were but two pair more of them in 
England of the same make ; one pair in York, and another in St Paul's. 

Also there was a lettern of wood, like unto a pulpit, standing and adjoini ngto the 
wood organs, over the choir door, where they used to sing the nine lessons in the old 
time on principal days, standing with their faces towards the high altar. 

The second pair stood on the north side of the choir, being never played ipon, but 
when the four doctors of the church were read, viz. Augustine, Ambrose, Gregory 
and Jerome, being a pair of fair large organs, called the cryers. 

The third pair were daily used at ordinary service Davies, c. 

f The first organist at the Reformation, was, as I presume. 
John Brimlies, oc. 7 Sep. 1561. Ob. 13 Oct. 1576, and lies buried in the western 

part of the church. 
Will. Browne, oc. 1587. 

Edw. Smythe, buried at this church 4 Feb. 1611. 
Rich. Hutchinson^oe. 2 Jul. 1615, in Gath. Reg. ob. 20 Jan. 1634, in comp. 

thesaur. 

Leo. Cajvert, oc. 30 Sep. 1634, in comp. thes. 
Joh. Foster, oc. 27 Feb. 1661, buried in this church 20 Ap. 1677. 
Will. Gregs, 1677, oc. 25 Aug. 1685, died 15 Oct. 1710, buried in Little St Mary's 

church-yard. 

James Hesletine, aged 19 years, 1710, ob. 20 Jan. 1763, buried in tha gallilee. 
Thomas Ebdon, 1763, a pupil of Mr Hesletine's, and a native of Duilium, who 

died in 1811, and was succeeded by 
Charles Clark, who resigned in 1813, when 
William Henshaw was appointed, and is the present organist. 

$ The admeasurement is here taken from without, but as the pavement of this 
church was new laid, and the tombstones removed about the year 1660, and you 
descend into the church by three steps, the addition may make 161 feet, 6 inches. 

In the lanthern, called the new work, hung three fine bells, rung always at twelve 
o'clock at night ; the monks going to mattins at that hour ; four men were A\ -pointed 
to ring these bells at midnight, and at such times of the day as the monks went to 
serve God ; two of the said men belonging to the revestry, and kept the copes, the 
vestments, and five pair of silver censers, with the other ornaments pertaining to the 
high altar, and lay in the chamber over the west end of the revestry : The other two 
men lay in a chamber in the north aile, over against the sacrist's exchequer ; they 
swept and kept the church clean, and filled the holy water stones every Sunday 
morning, and locked the church doors every night. 

The steeple of this cathedral, a stately fabric, is remarkable as well for its height as 
strength and just architecture, baring on the inside a gallery of stone work around 



SOfl THE CATHEDRAL. 



thirteenth century, has many marks of a refined taste : Round 
the bottom of the dome is a hanging gallery supported on corbies, 
each intei mediate one sculptured with a human figure; the breast 
work or battlement of the gallery is formed in open rose work : 
The superstructure is ornamented in pannels with pilasters, ter- 
minating in tabernacle work: There are two long windows in 
each front, separated by a round pilaster, whose capital is pierced 
in flowers pnd foliage; pilasters of the same order are placed in 
the angle?, and from the eight pilasters spring the groins of the 
arched rool or vault of the dome, which are braced at intervals, 
and finished with a circle in the center, in a light and beautiful 
taste. 

The ascrnt from the transept is by two marble steps to the 
choir, entf ring which, the visitor is struck with the magnificence 
and solemnity of the scene. The choir is one hundred and 
twenty feet in length, and in width equal to the center aile of the 
nave, the chief pillars runningparallel through the wholebuilding. 
The side ailes are not so wide as those of the nave, the width of 
the choir being only seventy-six feet. The floor is laid with 
black and white marble.* The stalls are elegant : the bishop's 

it, above the turn of the arches of the pillars upon which it is founded ; above which 
are eight long windows, two on each front of the steeple, divided in the middle by a 
cross bar of stono, and handsomely glazed with plain glass. Above the windows, on 
the outside, is another gallery, and above that a superstructure, having two windows 
on each front, wl erein hang eight melodious bells. In the eight buttresses, on the 
sides of the lowei windows, also in the stone work betwixt each window, are niches, 
containing the stutues of the founders, protectors, and benefactors. Davies, &c. 

As I noted before, these eight bells were cast in ] 632, from the metal of the galli- 
lee bells, and tho^e of the lanthern, and cost 1281 12s. 7d. and were recast in 1693. 
1 he inscriptions on the several bells are as follow : 

1. Camp. Christi & B. Maria? virgin is A. D- MDCXCIII. 
Chr. Hobson, artifice Dec. & Cap. 6. Olim Campana boni Bedae 
Dunelmensis, fieri fecerunt, A. D. Chr. Hobson, art. Dec. & Cap. Dunelm. 
MDCXCIH. refecerunt, A. I). MDCXCIII. 

2. Campana S. Margarets refecit. 7. Olim Camp. S. Oswaldi. quam fieri fecit 

3. Sit nomen Domine benedictum R. de Dunelm. Dec. & Cap. Dunelm. 
Dec. & Cap. refecerunt, refecerunt A. D. MDCXCIII. 

A. D. MDCXCIII. 8. Camp. S. Cuthberti olim Galalea 

4. Olim Campana S. Benedict!. Dec. & Cap. Dunelm. refecerunt, 
Fieri fecit R. Tonnor. A. D. MDCXCIII. 

5. Olim Campana S. Michaelis T. Comber, S. -T. (P. Dec. S. Eyre 
Decanus & Cap. refecerunt, S. T. P. thesaur. Chr. Hobson, artifice. 

Amongst other ornaments of this church the brasen desk is not the least, which, 
was the joint guifte of a reverend prebend, Dr Rob*- Swyfte, and his son, who added 
the globe and eagle to that sumptuous basis and columne, the guifte of his father, 
which was the twelfth part of a great candlestick found hid in a vault ; who both 
lye buried under two marble stones, inlay'd with brass, as you enter the quire dore 

on the left side. Hegge's Legend, p. 27. 

* The CHOIR. 

In the east end of the choir, joining upon St Cuthbert's feretory, stood the high 
altar, with many precious and costly ornaments appertaining to it, as well for every 



THE CATHEDRAL. 307 



stall being on the right-hand side of the entrance, the dean's on 
the other; one for the temporal chancellor on the dean's left 

2 Q 2 

principal day, as for every of our Lady's days. Betwixt the said high ulfar and St 
Cuthbert's feretory, was all of French Pierre, curiously wrought both on tlie outside 
and the inside, with images of alabaster, and gilt; being called in the ancient history 
Lardose. The said French Pierre or Lardose, reaching in height al in. is t to the 
middle vault, and containing the breadth of the choir in length. In the midst 
whereof, right over the high altar, were placed, in very fine alabaster, the p cture of 
our Lady standing in the midst, and the picture of St Cuthbert on one si.le, and of 
St Oswald on the other, all richly gilt. And at either end of this altar was ft wand 
of iron fastened in the wall, whereon hung curtains or hangings of white si k daily. 
The daily ornaments that were hung both before the altar and above, wei J of red 
velvet, with flowers of gold, in embroidered work, and many pictures besides ..very 
finely gilt : But the ornaments for the principal feast, the assumption of our Lady, 
were all of white damask, beset with pearls and precious stones. 

Within the said choir, over the high altar, hung a rich and most sumptuous canopy, 
for the blessed sacrament, which had two irons fastened in the Fiench Pierie, finely 
gilt ; which held the canopy over the midst of the said high altar, that it ccuM not 
move or stir ; whereon stood a pelican of silver, upon the height of the said cnnopy, 
very finely gilt, giving her blood to her young ones. And the pix was of pure gold, 
curiously wrought; and the white cloth that hung over the pix was of very fine 
lawn, embroidered and wrought with gold and red silk ; and four great round knobs 
of gold curiously wrought, with tassels of gold and red silk hung at them, an I the 
four corners of the white lawn cloth ; and the crook that hung within the cloth, that 
the pix hung upon, was of gold; and the cord that drew it up and down ^vas made 
of fine strong white silk. And when the monks went to high mass, they put on 
their vestments in the revestry, both the epistler and gospelleij: And when the v>ffice 
of the mass began to be sang, the epistler came forth out of the revestry, the other 
two monks following him, at the south choir door, and there stood till the Gloria 
Patri or the office of the mass began to be sung ; and then with great reveronce and 
devotion, they went all up to the altar ; and one of the vergers that kept the rt vestry 
went before them, with a large tip-staff in his hand. The gospeller carried a fair 
book, which had the epistles and gospels in it, and laid it on the altar ; whi^h book 
had on the outside of the coveting, the picture of our Saviour, of silver, of goldsmith's 
work, parcel-gilt; which book did serve for the pix in the mass. The epistkr, \Uien 
he had sung the epistle, laid the book again upon the altar, and afterwards whon the 
gospel was sung, the gospeller did lay it down upon the altar likewise, until the mass 
was done. 

Also there was pertaining to thehigh altar two chalices, one was of gold, the other 
of silver, double gilt, and the foot of it set full of precious stones ; that of gold was 
for principal days, and the other was to serve every day: Likewise there was pe; tain- 
ing to the said high altar, two great basons of silver, one for principal days, dorble 
gilt; and the other for every day, not so large, being parcel-gilt, and engraven all 
over; and two great crewets of silver, containing a quart a-piece, parcel-gilt, and 
engraven all over ; and two lesser crewets for every day, all of silver; one paii of 
silver censers for every day, and two pair of silver censers for every double feast, 
double gilt ; and two pair of silver censers, parcel-gilt, and the chains also for every 
principal day ; and with two ships of silver, parcel-gilt, for principal days ; and other 
two of silver, ungilt, for every day, to carry frankincense in ; and two silver candle- 
sticks, double gilt, for two tapers, very finely wrought, of three quarters height, to be 
taken in sunder with wrests ; and the otber two silver candlesticks, for every day's 
service, parcel-gilt ; with sumptuous furniture for every festival day, of changeable 
;>uits. Divers of the vestments were set round about with pearls, both stolos and 
flannels. There were also other very rich jewels and ornaments pertaining to the 
taid high altar. 



308 THE CATHEDRAL. 



hand, and those of the prebendaries and archdeacons in succes- 
sion; the minor canons next: one at the extremity towards the 

There were also two crosses to be borne an principal days for procession ; one of 
gold, and ihe staff it stood in was of silver, of goldsmith's work, very curiously 
wrought, and double gilt. The other cross was of silver, double gilt, and the staff 
was of wood, of the same workmanship, and double gilt. Also there was another 
cross of crystal that served for every day in the week. There was borne before the 
cross every principal day, a holy water font, of silver, very finely engraved, and 
parcel-gilt, which one of the novices carried. 

In the north side of the choir there is an almery nigh to the high altar, fastened 
in the wall, to lay any thing in, pertaining to the high altar. 

There is likewise another almery in the south side of the choir, nigh the high altar 
inclosed in the wall, to set the chalices, basons, and the crewets in. 

At the north end of the high altar there was a very fine lettern of brass, where 
they sung the epistle and the gospel, with a great pelican on the height of it, finely 
gilt, billing the blood out of her breast to feed her young ones, and her wings spread 
abroad, A\liereon lay the book, in which they sung the epistle and gospel; it was 
thought to be the finest lettern of brass in this country. It was all to be taken 
asunder with wrests, every joint from the other. 

Also there was lower down in the choir another lettern of brass, not so curiously 
wrought standing in the midst against the stalls, a very beautiful one, with an eagle 
on the height of it, and her wings spread abroad, whereon the monks laid their books 
when they sung their legends, at mattins, or other times of service. 

Before the high altar were three fine silver basons hanging in chains cf silver, one 
on the south side of the choir, above the steps going up to the high altar ; the second 
on the north side, opposite to the first; the third in the midst between them both, 
just before the high altar. These three silver basons had latten basons within them, 
having pricks for serges or great waxen candles to stand on ; the latten basons being 
to receive the drops of the three candles, which burned day and night. 

There was also another silver bason hanging in silver chains before the sacrament 
of tie aforesaid high altar, but nearer to the said altars than the others, hanging 
almost over the priest's back, which was only lighted in time of mass, and that ended, 
extinguished. 

Also there was a handsome monument belonging to ihechu r ch, called the paschal, 
which used to be set up in the choir, and there to remain from the Thursday, called 
Maunday Thursday before Easter, till the Wednesday after Ascension-day. It stood 
upon a fouv-square thick plank of wood, against the first grees or step, behind the 
three basons of silver that hung before the high altar : At every corner of the said 
plank was ;in iron ring, whereunto the feet of the paschal were adjoined representing 
the pictuies of the four flying dragons; as also the pictures of the four evangelists, 
above the top of the dragons, underneath the nethermost boss, all supporting the 
whole paschal; and the four quarters have been four chrystal stone?, as appear by the 
holes : And on every side of the four dragons there is a curious antique work, as 
beasts, men upon horseback, with bucklers, bows, and shafts, and knots, with broad 
leaves spread upon the knots, very finely wrought, all baing of the finest and most 
curious candlestick metal, or latten metal, having six candlesticks or flowers of can- 
dlestick metal coming from it, three on either side, whereon stood a taper of wax : 
And on the height of the said candlestick was a large pretty flower, being the prin- 
cipal flower, which was the seventh candlestick. The paschal in latitude contained 
almost the breadth of the choir, in longitude it extended to the height of the lower 
vault, whei eon stood a long piece of wood reaching within a man's length to the 
uppermost vault or roof of the church, upon which stood a great, long squared taper 
of wax, called the paschal; having a fine convenience through the said roof of the 
church to light the taper. The paschal was esteemed to be one of the rarest monu- 
ments iu Fngland. 



THE CATHfcDHAL* 309 



east on the south side, for the vicar-genera} of the diocese ; and 
others on both sides, for the reception of the judges of assize, 

The PASSION. 

Within the church of Durham, upon Good Friday, there was a most solemn 
service ; in which two of the eldest monks took a large beautiful crucifix, all of 
gold, laying it upon a velvet cushion, having St Cuthbert's arms upon it, embroidered 
with gold, bringing it betwixt them upon the said cushion, to the lowest r.teps in 
the choir, and there betwixt them, held the said picture of our Saviour, sitting on 
either side of it. And there one of the said monks rose and went a pretty space 
from it, sitting down upon his knees, with his sl-:oes put off, crept upon his knees 
unto the said cross, and kist it ; and after him the othef- monk did so likewise ; and 
they sat down on either side of the said cross, holding it betwixt them ; after that 
the prior came out of his stall, and sat down upon his knees with his shoes off: And 
ia like manner crept unto the said cross, and all the monks after him, one after 
another in the same order; in the mean time the whole choir singing a hymn. The 
service being ended, the said two monks carried the cross to the sepulchre with great 
reverence ; (which was set up that morning on the north side of the choir, nigh unto 
the high altar, before the service time) and there laid it in the said sepulchre with 
great devotion, with another picture of our Saviour Christ, in whose breast they in- 
closed, with great reverence, the most holy and blessed sacrament of the altar ; setting 
two tapers lighted before it, which burned till Easter day in the morning that it was 
taken forth. 

The RESURRECTION. 

There was in the church of Durham very solemn service upon Easter day, be- 
tween three and four o'clock in the morning, in honour of the resurrection, where 
two of the eldest monks of the choir came to the sepulchre set up on Good Friday 
covered with red velvet, and embroidered with gold, and then censed it, each monk 
with a pair of silver censers, sitting on thc'ir knees before the sepulchre. Then they, 
both rising came to the sepulchre, out of which, with great reverence, they took a 
beautiful image of our Saviour, representing the resurrection, with a cross in his 
hind, in the breast whereof was inclosed in crystal, the holy sacrament of the altar; 
through which chrystal the blessed host was conspicuous to the beholders. Then 
after the elevation of the said picture, carried by the said two monks upon a velvet 
cushion embroidered, singing the anthem of Christus Resurgens, they brought it to 
the high altar, setting it on the midst thereof, the two monks kneeling before the 
altar, and censing it all the time that the rest of the choir were singing the aforesaid 
anthem of Christus Resurgens ; which anthem being ended, the two monks took up 
the cushion and the picture from the altar, supporting it betwixt them, and proceed- 
ing in procession from the high altar to the south choir door, where there were four 
ancient gentlemen, belonging to the prior, appointed to attend their coming, holding 
up a very rich canopy of purple velvet, tassled round about with red silk, and a gold 
fringe, and at every corner of the canopy stood one of the ancient gentlemen to bear 
it over the said image, with the holy sacrament carried by the two monks round 
about the church, the whole choir waiting upon it with torches and a great number 
of other lights, all singing, rejoicing, and praying to God most devoutly, till they 
returned to the high altar, whereon they placed the said image, there to remain till 
Ascension day. 

Ludovicus de Belio Monte, bishop of Durham, lies buried before the high altar 
in the choir, under a most curious and sumptuous marble stone, which he prepared 
for himself before he died ; being adorned with most excellent workmanship of brass, 
whereon he was most excellently and lively pictured, as he was accustomed to sing 
or say mass, with his mitre on his head, and his ctosier staff in his hand, with two 
angels finely pictured, one on the one side of his head, and the other on the other 
side, with censers in their hands censing him ; and containing also pictures and 
images of the twelve apostles, divided and bordered on either side of him ; and next 
them arc bordered on each side of the twelve apostles, in another border, the pictures 



310 THE CATHEDRAL. 

sheriff, mayor, and corporation of the city, &c. on such accus- 
tomed days as they attend divine service there ; the whole finished 

of his ancestors, in their coats of arms, being of the blood royal of France; he had 
a white lion placed upon the breast of his vestment, underneath the verses of his 
breast, with flower-de-luces about the lion ; and two lions pictured, one under one 
foot of him, and the other under his other foot, supporting and holding up his 
crosier staff, his feet adjoining and standing upon the said lions ; and two other lions 
beneath them, in the nethermost border of all, being very artificially wrought in brass. 
The names of the monks who were officers within the abbey church, at the time 

of the dissolution. 

Dr Richard Crosby, master of the novices. 

There was always six novices, who went daily to school within the house, for the 
space of seven years together, and one of the eldest and most learned monks was 
their tutor. The said novices had no wages, but meat, drink, and apparel, for that 
space. The master or tutor's office was te see they wanted nothing ; as cowls, 
frocks, stamyne, bedding, boots, socks ; and as soon as they needed any of these 
necessaries, the master had charge to call at the chamberlain's for such things. 
They never received wages, nor, handled money in that time, but went daily to their 
books in the cloyster : And if the master found any of them more apt to learn, and 
diligently prosecuting his studies, then he gave notice thereof to the prior, and he 
was soon sent to Oxford, there to learn and studv divinity, and the rest of the novices 
were kept at their books, till they could understand their service and the scriptures. 
At seven years of age they sung their first mass, and from thence the house was no 
longer charged with finding them apparel; for then they entered into wages, to find 
themselves with apparel, which was twenty shillings a-year each, and had no more 
to supply themselves withal. The eldest monk in the house had no more, except he 
had an office. His chamber was in the dorter. 

Dr John Porter, alias Smith, sacristan. 

The sacrist's exchequer was within the church, in the north alley, opposite to 
bishop Skirlaw's altar, on the left hand as you go up to the abbey of St Cuthbert's 
feretory. 

His office was to provide bread and wine for the church, and wax and lights in 
winter. He had always a tun of wine lying in his exchequer, for the use of the 
church. He had also sacristan-heugh in his keeping ; it was his charge ; and St 
Mary's cupboard was his office. He was also to see the glass windows repaired, and 
the plummer's work of the church done ; and mending of bells and bell-ropes, and 
all other works necessary to be performed, both within and without the church, and 
to see the church kept clean. 

His office was also to lock up every night the keys of every altar in the church, 
every altar having its several almery, and some two, to lay the said keys forth every 
morning between seven and eight o'clock, upon the top of the almery, which was of 
wainscot, wherein they were locked, which stood within the north choir door, that 
every monk might take the key, and go to what altar he was disposed to say mass at. 
They also went to the chapter-house every day between eight and nine o'clock, 
where all the bishops in the old time were buried, and there prnyed for all their 
benefactors, and those who had bestowed any thing upon this church. At nine o'clock 
a bell was rung to mass, called the chapter mass, which was always sung at the high 
altar ; and he that sung the mass had always in his memento, all those who had 
given any thing to this church. One half of the monks said mass in the chapter 
mass time, and the other half that sung not the chapter mass, said mass in the high 
mass time. 

There were at every altar two chalices, and two silver crewets appertaining to it, 
both with albs and vestments for principal feasts ; as also for all other days beside. 
E\ery altar had its double furniture for adorning all parts of the altar, serving both 
for holidays and principal feasts. 



THE CATHEDRAL. 311 



in a magnificent stile with tabernacle work. Beneath the stalls 
are seats for the lay-singers, choristers, almshouse-men, and 

Their founders and benefactors were prayed for every day, and had in remembrance 
in the time of saying mass. 

The sacristan's chamber was in the dorter, and he had his meat served from the 
great kitchen to his exchequer. 

Other officers of the church. 

Dr Robert Bennet, bowcer of the house : He was the first prebendary in the 
eleventh stall. Anno 1542. 

His exchequer was a little stone house joining upcn the coal-garth pertaining to 
the great kitchen, a little distant from the dean's hall stairs. 

Dr Roger Wright, cellerer of the house. 

His exchequer was afterwards Dr Tod's chamber, joining to the west end of the 
great kitchen, having a pair of stairs going up to it, and was the first prebendary in 
the eleventh stall. Anno 1542. 

Dr Roger Watson, terrer of the house. 

His exchequer was as you go into the guest-hail, on the left hand in the entry at 
going into the great hall. 

Dr William Forster, keeper of the garners. 

The master of the garners exchequer was over Mr Pilkington's hall door, all whose 
house, and Mr Bunney's, were garners, where their wheat and other corn lay 

These granaries are at present the houses of the seventh and eight prebendaries. 

The kiln was where Mr Robert Bennet's lodging was, beyond the conduit: 
This lodging was built at his own expence. It is at ttis time the house of the 
eleventh prebendary. 
Dr Thomas Spark, chamberlain, the first prebendary in the third stall. Anno 1542. 

His exchequer was near the abbey-gates ; now the mansion-house of the first 
prebendary. 

The chamberlain's office was to provide stamyne, otherwise called linsey-woolsey, 
for sheets and shirts for the novices and the monks, for they were not permitted to 
wear linen. He kept a taylor daily at work, in making socks of white woollen cloth, 
both whole and half socks; and making shirts and sheets of linsey-woolsey, in a 
shop underneath the exchequer. This taylor was one of the servants of the house. 
The chamber where he lay was in the dorter, 

Dr Henry Brown, master of the common-house. 

His office was to provide all such spices against Lent as should be comfortable to 
the monks, under their great austerity, both of fasting and praying ; and to have a 
fire constantly in the common-house hall, for the monks to warm themselves at 
when they pleased ; and to provide always a hogshead of wine for the monks ; and for 
keeping his O, called O Sapientia, and to provide figs and walnuts for Lent. His 
chamber was in the dorter. 

Dr William Watson, the prior's chaplain. 

His exchequer was over the stairs in going up to the dean's hall. He was the first 
prebendary in the twelfth stall. Anno 1.542. 

His office was to receive at the bowcer's hands, all such sums of money as were 
payable by him to the lord prior's use for his maintenance, the expence of his whole 
houshold, and his other necessaries. The said chaplain was to provide apparel for 
the lord prior, and to see all things in good order in the hall, and the furniture 
for his table to be sweet and clean ; and that every man executed his office diligently 
as he ought to do ; and that no debate or strife should be within the house. He 
had in his custody all the lord prior's plate and treasure, as well for delivering it out, 
as receuing it again. He was also to discharge and pay all the gentlemen, yeomen, 
and all other the servants and officers of the lord prior's house their wages, and to 
discharge all other debts of the house whatsoever. His chamber was adjoining to 
the prior's chamber. 



312 THE CATHEDRAL. 



scholars of the foundation. Advancing towards the altar, where 
the stalls terminate, the pavement is elevated one step, and on 
the right-hand is the bishop's throne, erected by bishop Hatfield, 
over the vault prepared for his own monument, and built in a 
stile consistent with the proud idea he held of the dignity of his 
mitre. Mr Pennant speaking of it, says, " In the choir is the 
" bishop's throne, elevated to an uncommon height, erected in 
" times of the triumph of superstition. A painful ascent to the 
" present prelate, whose wish is directed more to distinguish 
" himself by benevolence and sincerity, than any exterior trap- 
" pings or badges of dignity." The ascent to the throne is by 
many steps ; in the center is a chair of state, richly ornamented, 
and canopied over head with tabernacle work, coloured and gilt; 

All these monks were in these offices when the house was suppressed. 
The ancient custom of procession in the abbey church of Durham, on certain festivals. 

Upon St Mark's day. 

St Mark's day was commonly kept a fast through all the country, and no flesh 
eaten upon it : The prior with the monks made a solemn procession, and went to 
Bow church, doing very solemn service there ; and one of the monks made a sermon 
to the parishioners and town's men who came thither. 

The procession^ the three cross days, by the prior and monks. 

On Monday in cross-week they had another solemn procession, going to St Oswald'^ 
church in Elvet, and there did a solemn service : A sermon was preached by one of 

the monks, before a numerous audience. Tuesday, the day following, in another 

solemn procession, they went to St Margaret's church, in Crossgate, with solemn 
service, and a sermon. On Wednesday, the next day, they had the like procession 
to St Nicholas' church, there doing divine service very solemnly, and a sermon was 
preached before a great audience. 

The procession on Holy- Thursday, Whit- Sunday, and Trinity Sunday, 
by the prior and the monks. 

The next morning, being Holy- Thursday, they had a general procession, with two 
crosses borne before them ; one, both cross and staff, all of gold ; the other of silver 
parcel-gilt, with that holy relique St Cuthbert's banner, being carried first in the 
procession, with all the rich copes belonging to the church, every monk one. The 
prior had an exceedingly rich one of cloth of gold which was so massy that he could 
not go upright with it, unless his gentlemen, who at other times bore up his train, 
supported it on every side whenever he had it on. He had his crosier staff' in his 
hand which was of silver double gilt, and a rich initre on his head : Also that holy 
relique St Bede's shrine, was carried in the procession by four monks, upon their 
shoulders. And other monks carried about with them in the said procession, several 
holy reliques, as the picture of St Oswald, of silver gilt, and St Margaret's cross, of 
silver double gilt. The procession came- out at the north door of the abbey church 
and through the church-yard, and down Lidgate, by Bow church end, and up the 
South Bailey, and in at the abbey gates, where a great number of people stood, and 
so proceeded through the abbey garth, whither no woman was permitted to go ; and 
so through the cloisters into the church. 

Upon Whit- Sunday was a general procession, with the same solemnities as had 
been observed on Holy- Thursday, with St Bede's shrine, St Cuthbert's banner, and 
all the holy reliques ; as the image of St Oswald, and the image of St Aidanus, and 
St Margaret's cross, and divers others. 

On Trinity- Sunday was anoiher general procession as aforesaid, with all the above 
recited reliques, going the same circuit. 



THE CATHEDRAL. 513 



on each side, the throne is lined with tapestry, and otherwise 
handsomely furnished, large enough to receive the chief temporal 
officers, with the servants who are about the prelate's person : The 
bishop, when he goes to his throne, is always preceded by a 
person bearing a massy gilded mace, in distinction of his secular 
power. Chambre tells us, Novmn ad amtralem partem chori 
juxta stallos monachorum cnriosam opus construjcit, in medio cttjus 
stallum episcopate, imaginibus subtiliter sculptis, sumptibus copiosis 
in operarios largissime impensis, honorifice cir cum septum, fecit fy 
decenter ordinavit.* The images are all removed. Below the 
throne are stalls for the prebendaries' ladies : On the opposite 
side of the choir, where bishop Skirlaw's tomb was, are other 
stalls for the ladies of tho bishops, and dean's families and others ; 
and close adjoining is the pulpit, finely ornamented with inlaid 
figures in the Italian stile, representing some of the apostles, the 
ground Swedish oak; the figures are almost as large as life, so 
artfully shadowed as to appear like a delicate painting in bronze; 
The sounding board is supported by one column. The opening 
into the side ailes to which you descend by five marble steps, is 
by a gate, and two side lights of open tracery work, in wood, 
finely executed and finished above with tabernacle work. The 
choir comprehends four pillars on each side, two of them clus- 
tered, and two round, the round ones cut in the spiral figure: 
The double gallery above the side ailes is formed of circular 
arches, each of the lower openings divided by a single column. 
The roof was repaired, or rather new vaulted by prior Hotoun, 
who acceded in 1289; it is of elegant Gothic work, the ribs of 
the arches terminating in points ornamented with roses, the fillets 
pierced in roses and crosses: Some of the decorations of the 
center roses are singular ; one next to the organ contains a human 
figure, with three round balls in an apron, not unusual amon^ 
the heathen emblematical effigies. From the altar rails eastward, 
the whole work appears nearly of the same date, and by the ar- 
chitecture of this part of the edifice, we are led to conclude that 
the building originally terminated here, and was opened further 
eastward to form a connection with the east transept : The co- 
lumns which rise at the altar rail, are little more than the plain 
facing of a common wall, ornamented with long small round 
pilasters, single and belted in the middle, their capitals pierced, 
decorated with figures of animal's, and finished above with taber- 
nacle work ; the whole appearing like ornaments placed occa- 
VOL. ii. 2 R 

* The throne was repaired by Lord Crewe; and in 1772, was new painted and 
gilt by bishop Egerton. 



314- TH* CATH DR All. 



sionally there : The opening of the gallery in this part is different 
from the rest of the churchy consisting of three pointed arches,' 
supported by columns whose capitals-are richly pierced, and the 
fHlets of the arches are pierced and highly decorated ; there is 
also an interior pillar supporting a groined vaulting. Here the 
building appears to have been broken off and the east wall re- 
moved. The vaulting of the roof is continued, and^Over the 
altar table finishes with a fine pointed arch, supported on clustered 
pillars, ranging with the side of the east transept ; the capitals 
and the fillets or mouldings of the arch are highly finished with 
pierced work, and bear no degree of similitude to any of the 
more western parts of this edifice. Within the altar rails eastward, 
from the plain columns before described, are foul- seats on each 
side of the altar table, for the officiating priests to rest, formed 
of pillars, supporting pinnacle work, of the same materials and 
design as the work behind the altar, and most probably erected 
at the same time: These seats are closed from the ailes behind 
with a wall, which proves the occasionally, by being dissimilar 
to the rest of theaile.* The altar screen, which is very beautiful, 
is thus spoken of by Chambre: '* The marble tomb for St 
" Cuthbert's feretory beinp; finished, at the like instance of the 
" prior and monks, lord John Nevil oave to the church the work 
" above the altar, called lavadose, which cost him six hundred 
" marks, and was enclosed in cases, and sent from London by 
" shipping."-) This screen is in pinnacle work, of plaster of 
Paris, with pedestals fbr statues, richly canopied : \\asputup 
at the expence of the convent, and finished by prior John Ber- 
rington, of Walworth, in the year 1380, when the high altar 
was dedicated with much solemnity.^ 

* " The chancel and altar piece are of stone, beautifully cut into open work, and 
" on each side are two stalls in stone, originally designed for the resting places of sick 
" votaries." Pennant, 532. 

Many travellers have been equally deceived; care was taken to scrape the work, 
which proved that the whole is a composition like what is now called poster of Paris j 
and by Dayies it is called French Pierre or Lardoise ; Chambre calls it Lavadose. 

f Wharton's Ang. Sac. 769. 

| There lay on the high altar a book richly covered with gold and silver containing 
the names of all the benefactors to St Cuthbert's church, from the first foundation 
thereof : The letters of the book being for the most part gilt. The same is yet extant. 

There is also another book yet extant, containing th.e reliques, jewels, ornaments, 
and vestments that were given to ihe church by those founders, whose names were 
on, record in the book that lay upon the high altar. Pavies, c. 

This book is still preserved in the Cottonian Collection, l,)omitian VII. 2. It 
anciently had a very rich cover, which is lost, it being now bound in red leather, wiih. 
the arms of the Cottons in gold. On the first leaf of vellum is written a distich in 

^ A -cut of it in Smith's edit 'on of Bede. 

Mr Ebdon, an architect, brother to the late organist, published two excellent views of the choir of 
this church. 



THE' CATHEDRAL.- 315 



By a door at each end of the table, you enter into St Cuthbert's 
feretory, thus spoken of by Mr Pennant, " Behind the altar 
" stood the shrine , of St Cuthbert, once the richest in Great- 
" Britain : The marks of pilgrims' feet in the worn floor still 
" evince the multitude of votaries : At the dissolution his body 
" was, taken out of the tomb, and interred beneath." It is now 
stripped of every ornament; is thirty-seven feet in length, and 
twenty-six. in width, eastward from the altar screen ; raised with 

2 II 2 

the Saxon character, expressing that there was enclosed under the silver cover a re- 
gister of benefactors, &c. 

St Cuthbert's book of the gospels, with the Saxon version, is also preserved in this 
collection. Strutt in his Chronicle engraved a page of that elegant work. Vol. i< 
347. 

In a curious MS. in the Herald's-office, are beautifully drawn all the arms in this 
church, comprising one hundred and seventeen coats ; together with bishop Hatfield's 
monument, of which Mr Allan has a trick from the late Ha. Bigland, Esq ; Garter. 
Dugdule's MS. riotat. 6. 41. 

The book of the evangelists here mentioned was originally written by Edfrid, then 
a monk and afterwards bishop of Lindisfarne, who, during his retirement in that 
monastery, translated the gospels into Latin. -After his decease it was decorated with 
gold and jewels by h.is successor Ethelwold, and curiously painted by Bilfrid, an 
anchorite. Prefixed to it are the prefaces and canons of Eusebius and Hieronymus, 
besides an interlineary Saxon version by Aldred the priest. At the end of St John's 
gospel are these lines added in a contemporary hand. 

I " Litera me pandat, sermbhis fida ministra, 
" Omnes alme meos fratres cum voce saluta." 

After it is 

-|_ Trinus et Unus Deus Evangelium hoc ante ssecula constituit. 
-j- Malttheus ex ore Christi scripsit. 
-}- Marcus ex ore Pelri scripsit. 
-j- Lucas de ore Pauli apostoli scripsit. 
-j- Johannes in prochemio deinde eructavit verbum. 
Deo donante et spiritu sancto scripsit. 

Then 'follows a Saxon writing, signifying it to be the work of the afore-named 
Edfrid, Ethelwold, and Bilfrid ; and also of Aldred the priest, author of the Saxon 
version. 

This truly venerable piece of antiquity after the Reformation fell into the hands 
of Sir Robert Cotton, and is yet preserved in the Cottonian Collection, in the British 
Museum. 

Into this sumptuous new church was the last and great translation of St Cuthbert, 
but bcfoie the day came, prior T.urgot, with some of his brethren determined to open 
his tombe with intent to shew his body to the people, if they found it entire: Att 
night, therefore, they mett at his sepulchre, and reverently taking off the stone, they 
found a chest well fortified with nayles and leather, and in it another wrapt in cloth 
thiice double, in which they found the booke of the evangelists which had fallen 
into the sea, a little silver altar, a goblet of pure gold, with an Onyx, stone, and an 
ivory comb : Lastly, opening the third chest, they fognd the body of the saint (which 
the grave in so many years had not digested) lying upon the right side to give room, 
to the rest of the reliques : For irj the same coffyn were the bones of Venerable Bede, 
the head of St Oswald, part of the bones of Aiidanus, Eadfrid, and Ethelwold, bishops 



316 THE CATHEDRAL. 



stone work about eight feet high, and surrounded with wainscot, 
in which no great elegance appears ; it is formed with apertures 
divided by columns, and ornamented with an entablature : The 
pillars are finished with light pinnacles of tabernacle work : In 
ancient times it is presumed the wainscot was covered within 
with rich hangings. The marble monument which John lord 
Nevil gave to inclose St Cuthbert's remains, is no more ; a large 
blue stone is placed in the floor, where his bones rest, and it is 
presumed have long testified their corruptibility.* In the choir 
bishop Beaumont and bishop Pilkington were interred. 

of Lindisfarne : All which reliques they placed with due reverence in other parts of 
he church ; and laying St Cuihbert on his back, they placed St Oswald's head be- 
ween his hands. At the day of his translation, Ranulphus, the bishop, published in 
his sermon to the people, the incorruption of St Cuthbert's body, which, after four hun- 
dred years was flexible, and now might plead prescription with thegrave to be immortal. 
And thus in great solemnity they inshrined him beneath the high altar in the presence 
of the abbot of St A loans, the abbot of St Maries, In Yorke, the abbot of St German's, 
prior Turgot, with thousands of people spectators of the miracle. Hegge's Legend, 
p. 23. 

In 1284, William, bishop of Dumblain, granted an indulgence whereby everyone 
who visited this saint's shrine were to be excused forty days of their penance. The 
original record is still in the chapter library; and a copy of it is published in the 
appendix to Dr Smith's edition of Beda. N 26. 

* St Cuthbert's feretory. 

Next to the nine altars was the monument of St Cuthbert, having the high altar 
on the west, in the midst whereof his shrine was exalted with most curious work- 
manship, of fine green marble, gilt with gold ; having four seats or places underneath 
the shrine, for pilgrims or lame men, sitting on their knees to rest on, in the time of 
their devout offerings. It was esteemed one of the most sumptuous monuments in 
all England, so great were the offerings and jewels bestowed upon it. 

At the west end of this shrine was a little altar for mass to be said on, only upon 
the great and holy feast of St Cuthbert's day in Lent : At which solemnity the prior 
and the whole convent did keep open household in the frater-house, and dined all 
together, and on no day else in the year And at this feast, and certain other festival 
days, they were accustomed to draw up the cover of St Cuthbert's shrine, being of 
wainscot, having six very fine sounding silver bells, fastened to the rope ; which, at 
the drawing up of the cover, made a goodly sound ; which said cover on the outside 
was very finely and artificially gilded. And on either side were painted four lively 
images ; on the east end the picture of our Saviour sitting on the rainbow to give 
judgment ; on the west end was the picture of our Lady, and Christ on her knee ; 
and on the height of the cover from end to end was a finebrattishing of carved work, 
cut throughout with dragons, fowls, and beasts ; and the inside of the Cuver was all 
varnished and coloured with a fine sanguine colour ; and at every corner of the co- 
ver there was a lock to lock it down. 

Also within the said feretory, both on the north side and the r.outh, there were al- 
meries of wainscot, varnished, finely painted, and gilt over with little images, for the 
reliques of St Cuthbert to lie in ; and within the almeriesdid lie all the holy reliques 
that were offered to St Cuthbert ; and when his shrine was drawn, the almeries were 
opened, that every man mi^ht see the holy reliques therein, accounted the most 
sumptuous and richest jewels in all this land ; for great were the gifts and godly de- 
Totion of kings, queens, and other estates, at that time, towards God and holy St 
Cuthbert in this church. 

Within this feretory were many little pictures of Saints, of imagery work, all of 
labaster, set in the French Pierre in their several place*, the pictures being curiously 



THE CATHEDKAL. SI? 



The ailes of the choir are vaulted like the ailes of the nave. 
In the north aile, opposite to bishop Skirlaw's tomb, is a stone 

engraved and gilt ; and the Nevil's cross and bulls head set upon the height ; and on 
either side of the two doors in the French Pierre, and also in divers other places of 
the French Pierre besides ; which feretory and French Pierre were made at the 
charges of John lord Nevil. 

At the east end of St Cuthbert's feretory were wrought upon the height of the 
irons towards the nine altars, very fine candlesticks of iron, like unto sockets, which 
had lights set in them before day, that every monk might have light to see to read 
their books at (he said nine altars, when they said mass ; and also to give light to all 
others that came thither to divine service. 

The king of Scots' ancient and his banner, with divers other noblemen's ancients, 
were all brought to St Cuthbert's feretory ; and there the said lord Nevil offered the 
jewels and banners ; and the-e the said banners and ancients stood and hung till the 
suppression of the house. The lord Nevil's banner staff was all wrythen about with 
iron, from the midst upward, and stood on the north end of the feretory : And the 
king of Scots' banner hung over the midst of the alley of the nine altars ; under St 
Catharine's window, in the east end of the church ; and a little after the suppression 
of the house, they were all taken down, spoiled and defaced, that the memory thereof 
should be clean taken away, being both a great honour to the realm, and a decent 
ornament unto the church. 

St Cuthbert's shrine defaced. ' 

The shrine of St Cuthbert was defaced at the visitation held at Durham, for de- 
molishing such monuments, by l)r Lee, Dr Henley, and Mr Blithmen, in king 
Henry the Eighth's reign, at his suppression of religious houses. They found many 
goodly &.nd valuable jewels, especially one precious stone, which was of value suffi- 
cient to redeem a prince. After the spoil of ornaments and jewels, they approached 
near to his body, expecting nothing but dust and ashes ; but perceiving tl e chest he 
lay in strongly bound with iron, the gold -smith with the smitfi's great fore-hammer 
broke it open, when they found him lying whole, uncorrupt, with his face bare, and 
his beard as of a fortnight's growth, and all the vestments about him, as he was ac- 
customed to say mass, and his metwand of gold lyinjT by him. When the goldsmith 
perceived he had broken one of his legs, in breaking open the chest, he was sore trou- 
bled at it, and cried, Ala<! I have broken one of his legs ; which Dr Henley hear- 
ing, calling to him, and bade him cast down his bone? : The other answered he could 
not get them asunder, for the sinews and the skin held them so that t!>ey would not 
separate. Then Ut Lee slept up to see if it were so, and turning about, spake in 
Latin to Dr Henley, th it he was intire, though Di Henley not believing his words, 
called again to have his bones cast down : Dr Lee answered, if you will not believe 
me, come up yourself, and see him : Then Dr Henley slept up to him, and handled 
him, and found he lay whole : Then he commanded them to take him down ; and 
so it happened contrary to their expectation, that not only his body was whole and un- 
corrupted, but the vestments wherein his body lay, and wherein he was accustomed 
to jay mass, wtre. fresh, safe, and not consumed. Whereupon the visitors command- 
ed him to be carried into the re*estry, till the king's pleasure concerning him was 
further known ; and upon the receipt thereof, the piior and monks buried him in the 
ground under the place where his shrine was exalted. Davies, &c. 

In 1255. " Henry III. beinge in theise partes, visited St Cuthbert, 'as they cal